If I Lose My Home to Foreclosure in Massachusetts, Can I Get It Back?

If you're facing a foreclosure in Massachusetts, you should understand your rights, especially when it comes to the right of redemption. In most Massachusetts foreclosure cases, particularly nonjudicial foreclosures, homeowners lose the ability to redeem the property once the foreclosure sale takes place. So, if your foreclosure is like most in Massachusetts, you won't be able to redeem the property after the sale. You do, however, have up until the foreclosure sale occurs to pay off the full amount of the unpaid loan, which will stop the foreclosure. Paying off the debt before the sale is also called "redeeming" the home.

Also, in limited situations, such as judicial foreclosures or foreclosures by possession, a post-sale statutory right of redemption might apply. Knowing when and how you can redeem your home could mean the difference between keeping your property or losing it for good.

What Is the Right of Redemption After a Foreclosure Sale?

In about half of the states, homeowners get one final chance to save their home, even after a foreclosure sale. The right to redeem the property after a foreclosure sale is called a "statutory" right of redemption because it's set out in the state statutes (laws).

Suppose your state provides a statutory right of redemption. In that case, you get a redemption period, which is a limited amount of time to repurchase the home from the person or entity that bought it at the foreclosure sale. Depending on state law, you must either reimburse the purchaser for the price paid at the sale or pay off the full amount you owed on the mortgage loan, plus foreclosure fees and costs.

Basically, the redemption period gives you some additional time after the foreclosure sale to find funding to buy your home back. The length of the redemption period following the sale, if available, varies widely depending on state law and the particular circumstances.

Right of Redemption After Judicial and Nonjudicial Foreclosures

In some states, foreclosures are always judicial, which means they go through the court system. In others, the foreclosure process is typically nonjudicial (out of court), although these states also permit judicial foreclosures.

Right of redemption in judicial foreclosure states. States that use a judicial process to foreclose often give homeowners the right of redemption after a foreclosure. Even if state law doesn't provide an actual redemption period after the sale, some states allow a very limited amount of time for the homeowner to redeem until certain post-sale formalities are completed. For example, the homeowner might be able to redeem up until the court confirms the foreclosure sale.

Right of redemption in nonjudicial states. Except for a few states, there is generally no redemption period after a nonjudicial foreclosure. States that allow nonjudicial foreclosures sometimes have more than one law for redemption periods—one that applies to nonjudicial foreclosures and another to judicial foreclosures. In general, these states tend to provide a redemption period following a judicial foreclosure but not after a nonjudicial one.

When You're Allowed to Redeem in a Nonjudicial Foreclosure

The majority of foreclosures in Massachusetts are nonjudicial. In Massachusetts, you don't have a right to redeem after a nonjudicial foreclosure. (Mass. Gen. Laws ch. 244, § 18; ch. 183, § 21 (2025).) On the other hand, you do get what's called an "equitable right of redemption" before the sale happens. So, you can redeem the home before the sale by paying off the full amount of the loan.

If the foreclosure is nonjudicial (remember, most are) and you don't redeem the home or take some other action to stop the foreclosure before the sale, you won't get another opportunity to save the house.

When You're Allowed to Redeem in a Judicial Foreclosure or Foreclosure By Possession

If your foreclosure is judicial or by possession, which is a rarely used foreclosure process in Massachusetts, then you might get the right to redeem the property. In a foreclosure by possession, you may redeem the property unless the lender has obtained possession of the property and has continued that possession for three years. (Mass. Gen. Laws ch. 244, § 18 (2025).) This isn't really a post-sale statutory right of redemption as provided in some other states, but rather a right to recover the property by paying off the debt within three years of the lender's entry and possession.

To redeem, you'd have to pay the total amount owed on the mortgage, including interest, attorneys' fees, and costs. (Mass. Gen. Laws ch. 244, § 19 (2025).)

Take Action Before the Foreclosure Sale to Try to Save the Home

If you can't afford to redeem the home before the sale (or after the foreclosure, if you get the right to redeem), other potential loss mitigation options include:

• Paying off the past-due amounts that you owe in order to reinstate the loan. Under Massachusetts law, you get a 90-day right to reinstate before foreclosure starts, and most mortgage contracts allow reinstatement by a specific deadline after foreclosure begins. Check your loan documents to see if you get the right to reinstate and the deadline to do so.
• Work out a deal with your lender that will allow you to keep the home, like a mortgage modification, forbearance agreement, or repayment plan.

Look into alternatives to foreclosure as soon as possible.

Read More Articles

Get detailed information on how foreclosures work.

Learn about last-minute strategies to stop foreclosure.

Find out if foreclosures are on the rise.

Talk to a Massachusetts Foreclosure Lawyer

If you're behind in mortgage payments and worried about foreclosure, you might have more options than you think. Consider talking to a foreclosure attorney to learn about alternatives. A lawyer can advise you about loss mitigation options, your legal rights in a foreclosure, and defend you against a foreclosure in court.

Also, consider contacting a HUD-approved housing counselor if you need more information about loss mitigation options or want help with the application process.