Massachusetts Foreclosure Laws

Pre-foreclosure Period

Before any foreclosure can begin in Massachusetts, a ruling from the land court must be obtained to ensure the borrower is not subject to protection under the Soldiers’ & Sailors’ Civil Relief Act, which may postpone foreclosure action for active members of the U.S military.

Once a judgment authorizing the foreclosure is obtained from the land court, a lender may proceed with a foreclosure sale.  The mortgage may require the lender to notify the borrower of any default before scheduling a sale, but Massachusetts does not require this.

Notice of Sale / Auction

The lender publishes a notice of sale in a local newspaper where the property is located. The notice appears once per week for three weeks, and the first notice occurs no less than 21 days prior to the sale date. The lender also sends a notice of sale at least 14 days before the sale to the borrowers and any other affected parties. 

A licensed auctioneer conducts the sale at the property, which is sold to the winning bidder. The winning bidder must pay a deposit and deliver the remaining funds within 30 days. A foreclosure sale may be postponed by auctioneer announcement, and there is no limit to the number of allowable continuances.  Within 30 days after the sale, the sale is recorded and the ownership is transferred to the winning bidder.  The borrower is entitled to any surplus in the sale proceeds, but has no right of redemption after the foreclosure sale.