Facing Foreclosure in Boston, What to Do Now

Massachusetts Chapter 244 non-judicial power-of-sale: the lender’s attorney conducts a public auction without filing any court action in Suffolk County Superior Court or Housing Court. The primary homeowner protection is the 150-day right to cure (M.G.L. Chapter 244 § 35A) — after the first missed payment, the lender must send a right-to-cure notice; the homeowner has 150 days to cure the default before the power of sale can be exercised. The sale is conducted by public auction after newspaper publication (3 consecutive weeks, at least 14 days before sale). No post-sale redemption period. Deficiency claims are limited by fair market value under § 17B for residential purchase-money mortgages. Total timeline: approximately 7 to 12 months from first missed payment.

Massachusetts Chapter 244: The Boston Non-Judicial Foreclosure Process

Massachusetts is one of the few northeastern states that uses non-judicial power-of-sale foreclosure — unlike Ohio, Illinois, Pennsylvania, and New Jersey (all require judicial filing). The Chapter 244 process:

Step 1: Federal 120-day waiting period. Federal mortgage servicer regulations (12 CFR § 1024.41) require 120 days from first missed payment before initiating foreclosure proceedings.

Step 2: Massachusetts 150-day right to cure notice (M.G.L. Ch. 244 § 35A). Before exercising the power of sale, the mortgagee must send the mortgagor a written notice specifying the nature of the default and informing them that they have 150 days to cure the default. The 150-day cure period begins when the notice is received. During these 150 days, the homeowner can cure by paying all past-due amounts plus applicable costs.

Federal and state overlap: The federal 120-day period and Massachusetts’ 150-day cure period may run concurrently (the servicer may start the 150-day clock at the same time as the federal 120-day period). In many cases, the effective combined waiting period is 150 days (the longer of the two).

Step 3: Publication of Notice of Foreclosure Sale. After the 150-day cure period expires without cure, the mortgagee publishes a Notice of Foreclosure Sale in a newspaper of general circulation in the county where the property is located (Suffolk County for Boston) for 3 consecutive weeks. The sale cannot occur until at least 14 days after the first publication.

Step 4: Public auction. The lender’s attorney (usually a law firm specializing in Massachusetts foreclosures) conducts the public auction at the property location or another designated location. The lender submits a credit bid; third-party buyers bid with certified funds. No involvement by the Suffolk County Superior Court or any judge.

Step 5: Foreclosure deed recorded. After the auction, the successful bidder (or the lender if no third-party bids exceed the credit bid) receives a Foreclosure Deed. The deed is recorded with the Suffolk County Registry of Deeds (24 New Chardon St., Boston). No court confirmation is required.

Step 6: No post-sale redemption. Massachusetts has no post-sale redemption period for Chapter 244 power-of-sale foreclosures. Once the foreclosure deed is recorded, the former homeowner’s equity is extinguished permanently.

Total timeline: Federal 120 days + 150-day cure period + 3-week publication + sale = approximately 7 to 12 months from first missed payment. The 150-day cure period makes Massachusetts one of the most homeowner-friendly non-judicial foreclosure states — compared to California’s 3 months, Washington’s 30 days post-NOD, and Oregon’s 120 days.

Massachusetts Anti-Deficiency and Fair Market Value Protection

Massachusetts Chapter 244 § 17B: After a Chapter 244 power-of-sale foreclosure of a residential property (1 to 3 dwelling units) used as the mortgagor’s primary residence, the deficiency judgment is limited to the difference between the outstanding loan balance at the time of sale and the fair market value of the property at the time of sale — not the foreclosure sale price.

Example: Boston triple-decker, $680,000 loan balance; foreclosure auction price = $520,000; fair market value = $650,000. Under § 17B: deficiency = $680,000 − $650,000 (FMV) = $30,000. The lender cannot collect the full $160,000 shortfall from the auction — only the $30,000 FMV-based deficiency. This is similar to Florida’s HB 87 but more protective than Missouri’s full-deficiency rule.

Massachusetts mortgage fraud action (Chapter 93A): If the lender failed to comply with the 150-day right-to-cure notice requirements or other Chapter 244 procedural requirements, the foreclosure sale may be void or voidable, and the homeowner may have a Chapter 93A (Massachusetts Consumer Protection Act) claim against the lender.

Massachusetts Housing Court: An Additional Resource

While the Chapter 244 foreclosure itself does not require court involvement, once the foreclosure is complete, the new owner may need to pursue a summary process (eviction) in the Boston Housing Court (24 New Chardon St., Boston) to remove the former homeowner. Conversely, Boston Housing Court provides mediation and assistance services for homeowners facing foreclosure — particularly the Mediation Program through the Mass. Homeowner Assistance Fund (HAF).

Massachusetts Homeowner Assistance Fund (HAF)

Massachusetts received federal HAF funds and administers the Massachusetts Homeowner Assistance Fund (known as “HomeStart”). Eligible homeowners who experienced COVID-related financial hardship may receive assistance with mortgage arrears, property taxes, HOA dues, and other housing costs. Contact: Massachusetts Homeowner Assistance Fund or call 1-800-224-5124 (MAHA — Massachusetts Affordable Housing Alliance).

Strategic Options for Boston Homeowners in Foreclosure

Option 1: Cure within 150 days. Pay all past-due amounts plus costs within 150 days of the § 35A right-to-cure notice. Massachusetts’ 150-day window is among the most generous in the US for non-judicial foreclosure states.

Option 2: Loss mitigation / loan modification. Federal CFPB rules (Regulation X, 12 CFR § 1024.41) require servicers to review complete loss mitigation applications and pause foreclosure while under review.

Option 3: Sell before the foreclosure deed is recorded. A cash sale paying off the mortgage in full stops the Massachusetts foreclosure at any point before the foreclosure deed is recorded. No post-sale redemption means acting before the deed is critical.

Option 4: Chapter 13 bankruptcy. Automatic stay halts the Massachusetts Chapter 244 process. Chapter 13 allows repayment of mortgage arrears over 3 to 5 years.

Option 5: Chapter 188 homestead. If you haven’t already recorded a Declaration of Homestead with the Suffolk County Registry of Deeds, doing so protects $500,000 in equity from any unsecured creditors — but does NOT stop the mortgage foreclosure. Still valuable for protection against other creditors.

Get a cash offer on your Boston home before foreclosure →

For the full overview of Boston fast-sale options, see: Sell My House Fast Boston MA: Every Real Option in 2026