Massachusetts Foreclosure Rights &

Legal Information

At Birch & Co. Properties, our mission is to help homeowners understand their options and make informed decisions during difficult situations. We are a local real estate solutions company — not attorneys, lenders, or financial advisors — and this page is designed to give you clear, easy-to-understand information about how foreclosure works in Massachusetts.

*Nothing here is legal advice. We strongly recommend speaking with a qualified attorney or HUD-approved counselor for guidance specific to your situation.*

Understanding the Massachusetts Foreclosure Process

Massachusetts is a non-judicial foreclosure state, meaning lenders can foreclose without going to court as long as they follow strict rules under:

• MGL Chapter 244
• Section 35A (90-Day Right to Cure)
• Section 35B (Loss Mitigation Review Requirements)

Below is a simplified breakdown.

Step 1 — Missed Payments

Foreclosure typically begins after 3 consecutive missed payments.

The lender may send:

✔ reminder letters
✔ collection calls
✔ delinquency notices

But foreclosure cannot begin yet.

Step 2 — 90-Day Right to Cure (MGL 244 §35A)

Massachusetts law requires lenders to give homeowners a 90-day period to catch up on payments and reinstate the loan.

The notice must include:

✔ the exact amount needed to reinstate
✔ the deadline
✔ lender contact info
✔ approved housing counselor list

This is one of the most important protections for MA homeowners.

Step 3 — Acceleration Notice

If the loan is not cured, the lender may demand the entire loan balance due at once (called acceleration).

This is NOT the foreclosure sale notice yet, but it is serious.

Step 4 — Loss Mitigation Requirements (MGL 244 §35B)

Before foreclosing, lenders must:

✔ review loan modification requests
✔ assess affordability
✔ evaluate alternatives to foreclosure
✔ send written decisions

Homeowners have the right to:

✔ apply for a loan modification
✔ request documentation
✔ appeal decisions (in many cases)

Step 5 — Notice of Foreclosure Sale (MGL 244 §14)

This is the final notice before auction.

Massachusetts requires lenders to:

✔ mail the notice to the homeowner
✔ publish the auction in a newspaper for 3 consecutive weeks
✔ include exact date, time, and location

Step 6 — Foreclosure Auction

The property is sold to the highest bidder.

If no bidders meet the lender’s minimum, the lender typically takes ownership (REO).

Step 7 — Post-Foreclosure / Eviction

Former homeowners may remain temporarily, but the new owner must follow the legal eviction process.

Your Legal Rights in Massachusetts

✔ 90-Day Right to Cure

✔ Protection for Active-Duty Military (SCRA)

✔ Right to Written Notices

✔ Right to Apply for Loan Modifications

✔ Right to Foreclosure Alternatives

✔ Right to a Properly Conducted Sale (strict compliance required)

How Birch & Co. Helps (No Legal Advice)

We provide homeowners with information and alternative solutions, including:

• Creative sale options
• Fast purchases for homes in distress
• Subject-To relief structures
• Pre-foreclosure purchase solutions
• Cash sales
• Partnerships with local attorneys & counselors

We do not guarantee foreclosure prevention and we do not provide legal advice — we simply help you understand your options and connect you with the right professionals.