Tenants can be evicted after foreclosure only for just cause
Mass. Gen. Laws ch. 186A, § 2
In plain words
If you rent a home in Massachusetts and a bank or other foreclosing owner takes it, that owner cannot evict you without just cause, such as not paying rent. The exception is when a real buyer has signed a purchase agreement for the property.
Who is protected
Tenants in Massachusetts homes acquired through foreclosure.
When it applies
- Only in Massachusetts.
- Only after the foreclosure sale.
- Only if you rent the home.
What you can do
Ask in writing
Keep paying rent (or offer it in writing) and tell the new owner you are a protected tenant under chapter 186A.
Open the toolGet ready for court
If you get an eviction summons, file an answer in housing court and raise chapter 186A.
Open the tool
Honest limits
- Protection ends once a bona fide third-party buyer signs a purchase agreement.
- 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 lawJust-cause protection after foreclosure
Mass. Gen. Laws ch. 186A, § 2
What it says: A foreclosing owner may not evict a tenant except for just cause or after a bona fide purchase agreement.
Read the official texthttps://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186A/Section2
Court cases
- 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
- 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
- Homeowner wonSame topicU.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 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
- Homeowner lostSame topicMilton v. U.S. Bank National Ass'n
Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)
an agreement to delay a Texas foreclosure falls within the statute of frauds and must be in writing to be enforced
- Homeowner lostSame topicBFP v. Resolution Trust Corp.
BFP v. Resol. Tr. Corp., 511 U.S. 531 (1994)
the price received at a non-collusive foreclosure sale that complied with state law is reasonably equivalent value under the Bankruptcy Code
Related rights
Right to challenge a foreclosure that did not strictly follow the law
U.S. Bank Nat’l Ass’n v. Ibanez, 458 Mass. 637 (2011)
Massachusetts foreclosures usually happen outside court, but the foreclosing party must strictly follow the power of sale. Massachusetts’ highest court has held that a sale is void if the foreclosing party did not hold the mortgage when it gave notice and sold, or if the default notice did not strictly follow the mortgage. You can raise these problems in a lawsuit before the sale or as a defense to an eviction case after it.
Read this rightRenters get at least 90 days' notice after a foreclosure
12 U.S.C. § 5220 note(Pub. L. 111-22, div. A, § 702(a)–(b))
If you rent a home that goes through foreclosure, the new owner must give you a notice to move at least 90 days before you have to leave. If you have a real (bona fide) lease signed before the foreclosure notice, you can usually stay until the lease ends. The exception is when the new owner will live in the home; even then you still get the 90 days' notice.
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 rightAfter a discharge, creditors cannot collect the wiped-out debt from you
11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
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 rightRight 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 right