Skip to main content
How to Avoid
Foreclosure
Get free help

Massachusetts · Weigh your options

What happens after a foreclosure sale in Massachusetts

After a Massachusetts foreclosure auction, you no longer have a right to buy the home back, because the power of sale ends the right to redeem. You do not have to leave on the day of the sale: the new owner has to win a court eviction case first. Watch for the accounting of the sale money, any surplus, and any notice about a deficiency.

Ask for help in Massachusetts Free HUD counselor: (800) 569-4287

Reviewed against Massachusetts law and official sources on October 11, 2026. General information, not legal advice.

What happens after the sale in Massachusetts, in order

  1. Deed and recorded affidavit

    About 30 days after the auction

    MassLegalHelp says the bank must record the notice of sale and an affidavit of the sale at the registry of deeds within 30 days. You can look up the new owner in the registry's online records.

    M.G.L. c. 244, § 15

  2. Notice of the new owner

    Within 30 days after title is conveyed

    The lender must tell residential tenants, the town tax office and the water and sewer provider when it takes possession or conveys title. MassLegalHelp says you should also get a notice naming the new owner, or a property manager if the bank kept the home.

    M.G.L. c. 244, § 15A

  3. Eviction by summary process

    Only after the new owner wins a court case

    State law lets the new owner after a foreclosure sale recover the home through a court eviction case called summary process. You cannot be locked out without a court judgment. Answer any court papers and call legal aid right away.

    M.G.L. c. 239, § 1

  4. Itemized accounting and surplus

    Within 60 days after the lender receives the sale money

    The lender must send you a written breakdown of the sale price, legal and auctioneer fees and other costs, and any surplus. Any surplus belongs to you unless the mortgage says otherwise. If the accounting does not arrive, ask for it in writing.

    M.G.L. c. 183, § 27

  5. Possible deficiency lawsuit

    Within 2 years after the sale

    The lender can sue you for a shortfall only if it mailed you the deficiency warning at least 21 days before the sale. If you never got that notice, tell the court and your lawyer.

    M.G.L. c. 244, §§ 17A, 17B

  6. Time limit to challenge the sale

    Before the recorded affidavit is 3 years old

    After 3 years, the recorded sale affidavit becomes conclusive proof for a later outside buyer that the sale was valid, unless a challenge was started in court first. If you think the sale broke the rules, talk to a lawyer soon.

    M.G.L. c. 244, § 15(c), (d)

The three questions that matter after a sale

Can I get the home back in Massachusetts?

No redemption after sale

You can redeem the home after a default only until it is sold under the power of sale. Once the auction happens, the right to redeem is gone.

M.G.L. c. 244, § 18

Can the lender come after me for the rest?

Limited

The lender can sue you for the shortfall only if it mailed you a written notice of its intent to foreclose and of your possible liability, by registered mail, at least 21 days before the sale, and signed an affidavit of that mailing within 30 days after the sale. The lawsuit must be started within two years after the sale.

M.G.L. c. 244, §§ 17A, 17B

What if the home sold for more than I owed?

The lender keeps what it is owed plus its costs and must turn over any surplus to you or your heirs, unless the mortgage says otherwise. It must also send you a written, itemized accounting of the sale proceeds, including any surplus, within 60 days after it receives the money. If the accounting does not arrive, ask for it in writing.

M.G.L. c. 183, § 27

Common questions in Massachusetts

How long can I stay in my home after a Massachusetts foreclosure auction?

Until the new owner wins a summary process case in court and has it carried out. There is no set number of days, and courts have not agreed on what notice a former owner must get before the case. Get legal help as soon as you get any court papers.

Can I buy my home back after a Massachusetts foreclosure sale?

Not as a legal right. Under M.G.L. chapter 244, section 18, the right to redeem ends once the home is sold under the power of sale. You can only buy it back if the new owner agrees to sell it to you.

Who gets extra money from a Massachusetts foreclosure sale?

Under M.G.L. chapter 183, section 27, the lender keeps what it is owed plus its costs, and the surplus goes to you, your heirs or others with rights in the home, unless the mortgage says otherwise. The lender must send you an itemized accounting within 60 days after it gets the money.

Step by step

More on foreclosure in Massachusetts

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

Back to the Massachusetts overview

Free, official, nationwide

Free help anywhere in the country

Ask a question

Need help avoiding foreclosure in Massachusetts?

Tell us where things stand. A person reads every message and writes back with the options that fit your situation and the free, official help available in Massachusetts.

  • Free. There is nothing to buy and no fee, ever.
  • No loan number, Social Security number or documents needed.
  • We are not your lender, a law firm or a government agency.

If a sale is days away, do not wait for an email. Call a free HUD-approved housing counselor now at (800) 569-4287.

For example: a sale date, what your servicer has told you, or what changed in your income. Please do not include your loan number, Social Security number or bank details.

Free, and there is nothing to buy. A person reads your message and replies by email, or by phone if you leave a number. We never ask for a fee and we do not sell your details. See the privacy policy.

Sources for this page

  1. M.G.L. c. 244, § 15, Copy of notice; affidavit; recording
  2. M.G.L. c. 244, § 15A, Mortgagee taking possession or conveying title; notice
  3. M.G.L. c. 239, § 1, Persons entitled to summary process
  4. Land Court, Frequently asked questions about Servicemembers cases
  5. Division of Banks, FAQ about the January 1, 2016 updates to the Right to Cure Notice
  6. Division of Banks, Help for Distressed Homeowners
  7. MassLegalHelp, Homeowners facing foreclosure (reviewed October 2025)
  8. M.G.L. c. 244, § 14, Foreclosure under power of sale
  9. M.G.L. c. 244, § 17A, Limitation of actions
  10. M.G.L. c. 244, § 17B, Notice of intention to foreclose
  11. M.G.L. c. 244, § 18, Persons authorized to redeem
  12. M.G.L. c. 244, § 35A, Right to cure a default
  13. M.G.L. c. 244, § 35B, Good faith effort to avoid foreclosure
  14. M.G.L. c. 244, § 35C, Creditor actions in violation of chapter
  15. M.G.L. c. 183, § 27, Disposition of proceeds of foreclosure sale
  16. Acts of 2024, Chapter 150 (Affordable Homes Act), foreclosure mediation pilot
  17. Mass.gov, Homeowner Assistance Fund (HAF)
  18. Mass. Attorney General, Frequently asked questions about mortgages and foreclosure
  19. Mass. Attorney General, Preventing Foreclosure
  20. Mass. Attorney General, Foreclosure-related scams
  21. 940 CMR 25.00, Foreclosure rescue transactions and foreclosure-related services
  22. Land Court Servicemembers Cases Resources
  23. Trial Court Law Libraries, Massachusetts law about mortgage foreclosure