Right to a mailed notice at least 14 days before a foreclosure auction
Mass. Gen. Laws ch. 244, § 14
In plain words
Before a Massachusetts foreclosure auction, the notice of sale must be published once a week for three weeks and mailed by registered mail to the owner at least 14 days before the sale. If the lender may seek a deficiency, it must also mail a separate warning at least 21 days before the sale.
Who is protected
Owners of the equity of redemption in Massachusetts property facing a power-of-sale foreclosure.
When it applies
- Only in Massachusetts.
- Only once a sale date is set.
What you can do
Put the deadline on your calendar
Keep the envelope and mark the auction date.
Deadline: The auction date in the notice (at least 14 days after mailing)
Open the toolRead the Massachusetts guide
Our Massachusetts page explains the whole process step by step, with its sources and free local help.
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Honest limits
- A proper notice does not stop the sale; you need a cure, a workout, or a court order.
- This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.
The law
- State lawNotice of foreclosure sale
Mass. Gen. Laws ch. 244, § 14
What it says: Notice must be published for three weeks and mailed by registered mail at least 14 days before the sale.
Read the official texthttps://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIII/Chapter244/Section14
Court cases
- Homeowner wonCited for this rightU.S. Bank National Ass'n v. Ibanez
U.S. Bank Nat'l Ass'n v. Ibanez, 458 Mass. 637 (2011)
a foreclosing party must hold the mortgage by valid assignment at the time of the notice of sale and the sale, or the foreclosure is invalid
- Homeowner wonSame topicPinti v. Emigrant Mortgage Co.
Pinti v. Emigrant Mortg. Co., 472 Mass. 226 (2015)
strict compliance with the mortgage's notice-of-default provisions is a condition of a valid foreclosure sale
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Partial winSame topicEaton v. Federal National Mortgage Ass'n
Eaton v. Fed. Nat'l Mortg. Ass'n, 462 Mass. 569 (2012)
a foreclosing mortgagee must either hold the note or act on behalf of the note holder, a rule applied to foreclosures after the decision
Related rights
90-day right to cure before your loan is accelerated
Mass. Gen. Laws ch. 244, § 35A(a)
Massachusetts gives homeowners a 90-day right to cure a missed payment by paying the amounts that are due, without the whole loan being called due. The lender must send you a written notice of this right. You can use it once in any five-year period.
Read this rightNo deficiency unless you got a 21-day warning before the sale
Mass. Gen. Laws ch. 244, § 17B
A Massachusetts lender cannot sue you for a deficiency after a foreclosure sale unless it mailed you a written warning of liability at least 21 days before the sale and swore to that mailing within 30 days after. The lender also has only a limited time to sue.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightThe automatic stay: filing bankruptcy pauses most collection
11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this rightChapter 13: catch up on missed mortgage payments over time
11 U.S.C. § 1322(b)(5)
In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.
Read this right