Massachusetts Real Estate Laws Every Seller Should Know
Massachusetts runs foreclosures without a court case and gives you no window after the auction, so everything turns on the time before it. Here is what generally applies before you sell, in plain language.
Before Any State Clock Starts: the Federal 120-Day Rule
Every state timeline on this page sits behind a federal one, and it is the single most
useful thing to know if you have missed payments. Under
Regulation
X, 12 CFR 1024.41(f)(1), a mortgage servicer generally
“shall not make the first notice or filing” required for a judicial or
non-judicial foreclosure unless the borrower's mortgage loan obligation is
more than 120 days delinquent.
That is roughly four months of missed payments before the state process is even allowed to
begin. It is why a state sequence that looks alarmingly short on paper is usually longer in
practice than the statute alone suggests.
The exceptions, because they are real. The rule does not apply where the
foreclosure is based on a violation of a due-on-sale clause, or where the servicer is joining the
action of a superior or subordinate lienholder. Small servicers are not exempt from this
particular prohibition. Loan types and servicing arrangements vary, and some loans are outside
Regulation X altogether.
So treat 120 days as the general floor rather than a guarantee, and work from the dates on your
own paperwork. If a notice has arrived and you do not believe you are past that point, that is a
question worth putting to a HUD-approved housing counselor or an attorney before you do anything
else.
Foreclosure Without a Court Case, and the 90-Day Right to Cure
Most Massachusetts mortgages contain a power of sale, which lets the holder foreclose
without filing a court case. There is no lawsuit to answer and no hearing to
attend, so the notices are the whole of your warning.
Before the loan can be accelerated, the lender generally must give a
90-day right to cure. That notice has to tell you what you owe, how to cure it and
who to contact, and the 90 days run from the notice rather than from your first missed payment.
Together with the federal 120-day rule described above, that usually means considerably more time
than a homeowner expects.
One technical point that occasionally matters: the statute requires that the assignment, or the
full chain of assignments, to the foreclosing party has been recorded at the registry of deeds, and
that the notice references that recording information. Where a loan has been sold several times and
the paperwork has gaps, that can matter. It is a question for a Massachusetts attorney, not for us.
Official source: Massachusetts General Laws, Chapter 244, Section 35A
After the Auction There Is No Redemption Period
This is the fact that changes the timing of everything else, and it is the opposite of what
many sellers expect. After a Massachusetts power-of-sale foreclosure
there is generally no post-auction redemption period. When the hammer falls, it is done.
There is no six-month window afterwards to buy the property back.
So the whole of your opportunity sits before the auction date. If a sale is scheduled,
that date is the one that governs every option you have, and it is worth confirming from the notice
rather than from memory.
If the sale brings in more than you owe, the excess is what remains after
satisfying the mortgage, costs and other valid liens, with junior lienholders generally paid ahead
of the former owner. The foreclosing party holds it and there is a process for claiming it.
Official source: Massachusetts General Laws, Chapter 244, Section 14
Disclosure, the Deeds Excise, and Why Massachusetts Runs on Attorneys
The home inspection rule that changed in 2025. Massachusetts regulations now
restrict asking a buyer to waive a home inspection, and a waiver generally requires a separate
signed disclosure on the prescribed form. Cash purchases are not exempt, which
catches a lot of people in this industry. Certain transactions are excluded, and which ones is a
question for your closing attorney.
Disclosure generally. Massachusetts does not impose a broad statutory seller
disclosure form the way many states do, but a seller may not conceal a known latent defect, and
specific duties apply to lead paint and to Title 5 septic systems. Title 5 is the one that
moves closing dates here: a property on a septic system generally needs an inspection in
connection with a transfer, and a failed system is a real cost that has to be dealt with.
The deeds excise is charged on the transfer, generally $2.28 per $500 of value
in most counties, with Barnstable and the islands differing. It is
customarily the seller's, though it is negotiable and the contract controls.
Closing. Massachusetts is an attorney state. The closing attorney coordinates
recording of the deed and disbursement of your proceeds, which is simply how it works here and is
built into our 21 to 42 day range rather than being an obstacle to it.
Official source: Mass.gov, Massachusetts law about real estate conveyancing
General information, not advice. This section describes Massachusetts practice in general terms and was checked against the sources cited in September 2026. Laws, timelines and local procedures change, and how any of it applies to your property depends on facts we have not seen. It is not legal, tax or financial advice, and it is no substitute for talking to a Massachusetts attorney, accountant or HUD-approved housing counselor about your own situation.