Massachusetts foreclosure and tax sale rules

How foreclosure works

Usual process: Nonjudicial (out of court)
Usually preceded by a “servicemembers case” in Land Court or Superior Court.
From a reputable summary[1][2]
Allowed processes: Judicial (through court) · Nonjudicial (out of court)
From a reputable summary[1]
Main statutes: Mass. Gen. Laws ch. 244, § 14; Mass. Gen. Laws ch. 244, § 17A; Mass. Gen. Laws ch. 244, § 17B; Mass. Gen. Laws ch. 244, § 35A; Mass. Gen. Laws ch. 244, § 35B
From a reputable summary[1]
Typical length (estimate): Not researched yet for this state.

+At least 120 days
Federal rule: the servicer generally cannot make the first foreclosure notice or filing until you are more than 120 days behind
Applies to most home loans in every state. A complete loss-mitigation application sent more than 37 days before a sale also triggers federal protections.
Checked against the official text12 CFR § 1024.41(f)(1)
+At least 90 days
Notice of default / right to cure — at least 90 days before the next step
For an owner-occupied 1–4 unit principal residence, the lender must give a 90-day right-to-cure notice (usable once every five years). Certain high-risk loans also require a loan-modification notice (return the form within 30 days).
From a reputable summary
Notice of sale — at least 14 days before the sale
Published once a week for three weeks and mailed at least 14 days before the sale. A notice of intent to seek a deficiency must be mailed at least 21 days before.
From a reputable summary
+At least 14 days
Foreclosure sale
From a reputable summary
No right to redeem after the sale
No redemption after a nonjudicial sale.
From a reputable summary

A general sequence built from the rules above. "At least" periods are the shortest we found; your case can take longer.

Notice before foreclosure: At least 90 daysFor an owner-occupied 1–4 unit principal residence, the lender must give a 90-day right-to-cure notice (usable once every five years). Certain high-risk loans also require a loan-modification notice (return the form within 30 days).
Mass. Gen. Laws ch. 244, §§ 35A, 35B
From a reputable summary[1]
Notice of sale: At least 14 daysPublished once a week for three weeks and mailed at least 14 days before the sale. A notice of intent to seek a deficiency must be mailed at least 21 days before.
Mass. Gen. Laws ch. 244, §§ 14, 17B
From a reputable summary[1]
Publication: Newspaper once a week for three weeks.
From a reputable summary[1]
When sales happen: Not researched yet for this state.

Catching up (reinstatement): 90-day right to cure before acceleration (once per five years).
From a reputable summary[1][2]
Buying the home back (redemption): NoNo redemption after a nonjudicial sale.
Mass. Gen. Laws ch. 244, § 18
From a reputable summary[1][2]
Owing money after the sale (deficiency): LimitedOnly if the lender mailed the 21-day notice and sues within two years after the sale.
Mass. Gen. Laws ch. 244, §§ 17A, 17B
From a reputable summary[1]
Mediation: Not researched yet for this state.

Tax sale system: Mixed / depends on locality
Tax sale (auction deed subject to redemption) or a “taking” by the city or town.
From a reputable summary[3]
How it works: The collector publishes and posts notice (14 days) before a sale or taking; the buyer or town then must petition the Land Court to foreclose the right of redemption.
From a reputable summary[3]
Redeeming after a tax sale: At least 12 months after the sale or taking (was six months before 2024), and until the Land Court forecloses the right; redeem by paying the amount due plus 8% interest and charges.
Mass. Gen. Laws ch. 60, §§ 62, 65, 68
From a reputable summary[3]
Relief programs: Local exemptions, deferral and abatement (seniors, blind, disabled veterans) — Ask your assessor or treasurer; many towns also offer payment plans.
From a reputable summary[3]
Payment plans: Many towns offer payment plans — contact the treasurer/collector.
From a reputable summary[3]
Surplus after a tax sale: Changed after Tyler v. Hennepin County (2023).Massachusetts revised its tax-title foreclosure law in 2024 after Tyler v. Hennepin County (including the longer redemption period); how surplus is returned was not confirmed in this pass.
Not confirmed — check it[3]

Federal exemption list: You may choose the federal list
You may choose the federal bankruptcy exemption list (11 U.S.C. § 522(d)) instead of the state list — one list or the other, never a mix.
From a reputable summary[4]
Homestead exemption: $125,000 automatic; $1,000,000 with a recorded declaration$125,000 automatically; up to $1,000,000 if you record a Declaration of Homestead at the Registry of Deeds.(Mass. Gen. Laws ch. 188, §§ 1-5)
From a reputable summary[5]

Free legal aid (LSC-funded): Community Legal Aid, Inc.
Northeast Legal Aid, Inc.
South Coastal Counties Legal Services
Volunteer Lawyers Project of the Boston Bar Association
Checked against the official text[7]
Legal help website: MassLegalHelp
The official site blocked our automated check on 2026-09-22; confirm the page before relying on it.
Not confirmed — check it[8]
State housing agency: MassHousing
Checked against the official text[6]
Attorney general / consumer protection: Massachusetts Attorney General — Consumer Protection
The official site blocked our automated check on 2026-09-22; confirm the page before relying on it.
Not confirmed — check it[9]
Court self-help: Massachusetts Court System — Self-help
The official site blocked our automated check on 2026-09-22; confirm the page before relying on it.
Not confirmed — check it[10]
HUD-approved housing counselors: HUD-approved housing counseling agencies — Free or low-cost, HUD-approved housing counselors in every state. Call or search by ZIP code.

Retrieved 2026-09-22. Official texts are marked “official”; summaries are marked “summary”.