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PROFESSIONALLAW ASSISTSaving Homes · Changing LivesNationwide Foreclosure Defense

Massachusetts

Massachusetts General Laws ch. 244, § 14. Both foreclosure state.

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Judicial Type

Both

Redemption

No statutory post-sale redemption period. The foreclosure sa

Deficiency

Lender may pursue deficiency after non-judicial foreclosure

Mediation

Massachusetts has no mandatory statewide mediation. Some cou

Statute Citation

Mass. Gen. Laws ch. 244, §§ 14-17B

Redemption Period

No statutory post-sale redemption period. The foreclosure sale is final. However, Massachusetts allows the borrower to file a motion to vacate the foreclosure sale for procedural irregularity — which functionally provides post-sale review.

Deficiency Judgment Rule

Lender may pursue deficiency after non-judicial foreclosure only if it filed a separate lawsuit within 2 years of the sale. Deficiency is limited to debt − fair market value (Mass. Gen. Laws ch. 244, § 17A).

Notice Requirements

Massachusetts has made strict compliance with notice requirements essential. Notice of sale must be published 3 times and mailed to borrower at least 14 days before sale. SERVICE MEMBERS: The SCRA notice requirements are strictly enforced.

Mediation Program

Massachusetts has no mandatory statewide mediation. Some counties have voluntary programs.

Key Provisions

  • Both judicial and non-judicial foreclosure available — non-judicial (power of sale) is typical
  • Landmark Ibanez decision: strict standing and assignment chain requirements
  • Eaton decision: foreclosing entity must hold both the note and the mortgage
  • 2-year statute of limitations for deficiency actions
  • Strict mortgage terms must be followed exactly (notice, default, reinstatement)

Homeowner Protections

  • Massachusetts Supreme Judicial Court decisions (Ibanez, Eaton) provide strong borrower protections
  • Foreclosing entity must hold both note AND mortgage — both must be properly assigned
  • Strict compliance with notice requirements — deviations void the sale
  • SCRA protections strictly enforced by Massachusetts courts
  • Fair value limitation on deficiency

Frequently Asked Questions

What is the U.S. Bank v. Ibanez decision and how does it protect me?+
In U.S. Bank National Association v. Ibanez (Mass. 2011), the Massachusetts Supreme Judicial Court held that a foreclosing entity MUST hold both the mortgage (by valid written assignment) AND the underlying promissory note AT THE TIME the foreclosure is commenced. A foreclosure where the assignments were executed after the sale (retroactive/backdated assignments) is VOID. This means: (1) demand the complete chain of assignments before the sale date, (2) if the assignment was executed after the foreclosure was initiated, the foreclosure may be void, (3) challenge standing based on the timing and validity of assignments. Ibanez has been cited nationally as the strongest standing decision for homeowners.
What did the Eaton v. FNMA decision change?+
In Eaton v. Federal National Mortgage Association (Mass. 2012), the SJC held that a foreclosing entity must hold BOTH the mortgage AND the underlying promissory note — not just the mortgage. This means a mortgage servicer or MERS cannot foreclose unless it also holds the note (or is acting as authorized agent for the note holder with documented authority). This decision added an additional standing requirement beyond Ibanez: the foreclosing entity must prove it holds the note, not just the mortgage.
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