Right to redeem land taken or sold for taxes until foreclosure is filed
Mass. Gen. Laws ch. 60, § 62
In plain words
When a Massachusetts city or town takes or sells your land for unpaid taxes, you keep a right to redeem it. You redeem by paying the tax title account plus interest and charges to the treasurer. The right lasts until a petition to foreclose is filed in Land Court, and you can often still redeem during that case.
Who is protected
Anyone with an interest in Massachusetts land taken or sold for unpaid taxes.
When it applies
- Only in Massachusetts.
- Only if you are behind on property taxes.
What you can do
Get property-tax help
Ask the treasurer for a redemption figure and whether a payment agreement is available.
Deadline: Before a Land Court foreclosure petition is filed — and act fast if one is
Open the toolGet ready for court
If you receive a Land Court citation, file an answer and ask the court for time to redeem.
Open the tool
Honest limits
- Interest and charges keep growing; the town may also charge legal costs once a case starts.
- 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 lawRedemption of tax title
Mass. Gen. Laws ch. 60, § 62
What it says: An interested person may redeem by paying the tax title account and interest, before a foreclosure petition is filed.
Read the official texthttps://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter60/Section62 - State lawLand Court petition to foreclose redemption
Mass. Gen. Laws ch. 60, § 65
What it says: Sets when the town or buyer may petition the Land Court to foreclose the right of redemption.
Read the official texthttps://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter60/Section65
Court cases
- Homeowner wonSame topicTyler v. Hennepin County
Tyler v. Hennepin County, 598 U.S. 631 (2023)
a government that sells a home for unpaid taxes and keeps the value beyond the tax debt takes property without just compensation
- Homeowner wonSame topicHall v. Meisner
Hall v. Meisner, 51 F.4th 185 (6th Cir. 2022)
a homeowner's equity in property taken for a smaller tax debt is protected property, and taking it without compensation states a federal takings claim
- Homeowner wonSame topicJones v. Flowers
Jones v. Flowers, 547 U.S. 220 (2006)
when mailed notice of a tax sale is returned undelivered, the government must take additional reasonable steps to notify the owner before selling the property
- Homeowner wonSame topicMennonite Board of Missions v. Adams
Mennonite Bd. of Missions v. Adams, 462 U.S. 791 (1983)
a person with a recorded interest in property is entitled to notice by mail or equally reliable means before a tax sale, and publication or posting alone is not enough
- Homeowner lostSame topicPung v. Isabella County
Pung v. Isabella County, No. 25-95, slip op. (U.S. June 23, 2026)
after a fairly conducted tax sale, the government owes the former owner the surplus from the sale price, not the property's fair market value
Related rights
Right to claim excess equity after a tax-title foreclosure
Mass. Gen. Laws ch. 60, § 64A
After Tyler v. Hennepin County, Massachusetts changed its law so former owners can claim “excess equity” after a Land Court judgment forecloses their right of redemption. The town or buyer must tell you by certified mail whether it will keep or sell the property and how to claim excess equity. Follow the steps and deadlines in that notice.
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 government cannot keep your home equity beyond the tax debt
U.S. Const. amend. VTakings Clause
If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.
Read this rightFair handling of your escrow account
12 C.F.R. § 1024.17(c)(1)
If your servicer collects money for taxes and insurance (escrow), it must pay those bills on time as long as you are not more than 30 days behind. It must review the account every year and send you a statement. It cannot keep more than a small cushion (one-sixth of a year's payments), and it must refund a surplus of $50 or more within 30 days of the review. When you pay off the loan, it must return what is left within 20 business days.
Read this right