Massachusetts Foreclosure Laws
Everything you need to know about foreclosure in Massachusetts: the legal process, your timeline, and your rights as a homeowner.
Process Type
non-judicial
Typical Timeline
90-150 days
Deficiency Judgment
Lender CAN pursue
Right of Redemption
None (non-judicial)
Right to Cure
150 days right to cure after default
Notice Period
14 days before sale
What This Means for You
Strong borrower protections. The 150-day right to cure period is one of the longest in the country — you have 5 months to make up missed payments before the lender can proceed.
Massachusetts uses non-judicial foreclosure,meaning the lender can foreclose without going to court (through a trustee or power of sale). This process is faster — sometimes much faster. If you want to contest the foreclosure, you'll need to file your own lawsuit.
Deficiency judgment warning: In Massachusetts, your lender CAN sue you for the difference between what your home sells for and what you owed. If you owe $300,000 and the home sells for $250,000, you could be liable for the $50,000 difference. A short sale with a deficiency waiver or a deed in lieu with a release clause can protect you — negotiate this explicitly with your lender.
What to Do Right Now
- Call your loan servicer (the company you send your payment to — check your mortgage statement). Ask for the loss mitigation department.
- Call a HUD-approved housing counselor at 800-569-4287 (free). They can review your situation and advocate on your behalf.
- Gather documents: Hardship letter, 2 months of pay stubs, 2 years of tax returns, bank statements, monthly budget.
- Do NOT ignore notices. Every day you wait reduces your options. In Massachusetts, the non-judicial process can move quickly (90-150 days).
- Consult an attorney if you've received a Notice of Default or foreclosure lawsuit. Many offer free initial consultations.