Massachusetts Foreclosure Laws

Most Massachusetts foreclosures are judicial or in court. The foreclosure process in the state often takes about three months.

Pre-Foreclosure

Massachusetts foreclosure laws are unique in that they require a land court judgment before a lender can file a foreclosure action. This ruling is important to determine whether the debtor is protected by the Soldiers' and Sailors' Civil Relief Act. Active members of the military are protected under the Soldiers' and Sailors' Civil Relief Act and this act may delay foreclosure action.

Once the land court has granted a ruling that permits foreclosure, the lender can schedule a foreclosure auction. Massachusetts foreclosure laws do not require that the lender alert the debtor of default before the foreclosure sale is scheduled, but some mortgages may make this additional requirement.

Notice of Auction

Before a foreclosure auction takes place in Massachusetts, the lender must publish a notice of auction (also called a notice of sale). This notice must be published once a week in a local newspaper for three weeks before the auction. The auction must not occur less than 21 days after the first notice is published in the newspaper. At least fourteen days before the foreclosure auction, the lender must also send the auction notice to any parties affected by the foreclosure (including the debtor).

In Massachusetts, the foreclosure auctions are conducted by professional auctioneers. The winning bidder at a foreclosure sale must pay a deposit at the time of the auction and must pay the remainder of the bid amount within thirty days of the sale. The sale is recorded and the winning bidder is given ownership within thirty days of the sale. There is no redemption period after the sale, but under Massachusetts foreclosure laws the debtor has a right to any sale proceeds that are in excess of the amount owed to the lender.