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Foreclosure

Massachusetts · Understand the process

How long does foreclosure take in Massachusetts?

A Massachusetts foreclosure can move faster than in court-based states because no judge has to approve the sale. The fixed steps are the 90-day right to cure, which runs alongside the federal 120-day wait, the Servicemembers case, and a 3-week newspaper notice before the auction. These are minimums, and most cases take longer.

The short answer: At the very least, about five months from the first missed payment to an auction: the federal 120-day wait, which overlaps the 90-day right to cure, plus a sale notice first published at least 21 days before the sale. This is a minimum, not a prediction, and most cases take longer.

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

The foreclosure timeline in Massachusetts, phase by phase

  1. Missed payments and the right to cure

    Day 1 to at least day 120

    The 90-day cure period and the federal 120-day wait usually overlap. The lender cannot call the loan due or foreclose until 90 days after the cure notice. Applying for help in writing during this time keeps the most options open.

    M.G.L. c. 244, § 35A

  2. Modification review for certain loans

    30 days to answer the notice; the whole review must take no longer than 150 days

    If you have a loan covered by section 35B and you answer on time, the lender must review you for a modified loan. If you do not answer within 30 days, you keep only the regular 90-day cure period. The lender cannot publish a sale notice until it records an affidavit that it followed this section.

    M.G.L. c. 244, § 35B(c), (f)

  3. Servicemembers case

    Often 2 to 4 months

    The Land Court says these cases usually take 2 to 4 months when no defendant claims military protection, and longer when one does. A bankruptcy filing also pauses this case.

    Servicemembers Civil Relief Act

  4. Notice of sale to auction

    At least 21 days

    The notice runs in a local newspaper once a week for 3 weeks, the first at least 21 days before the sale, and must be mailed to you at least 14 days before. Postponements can push the auction back weeks or months.

    M.G.L. c. 244, § 14

  5. Auction to closing

    Usually about 30 days after the auction

    MassLegalHelp says the winning bidder usually has 30 days to pay the full price and sign the papers, and then the lender signs the deed over. If that bidder does not pay, the second-highest bidder can take the property.

  6. Accounting and deficiency deadlines

    60 days for the accounting; 2 years for a deficiency lawsuit

    The lender must send you a written, itemized accounting of the sale money within 60 days after it receives the funds. Any lawsuit for a shortfall must be filed within 2 years after the sale.

    M.G.L. c. 183, § 27; M.G.L. c. 244, § 17A

Massachusetts deadlines written into the law

Right to cure after the default noticeM.G.L. c. 244, § 35AAt least 90 days, once in any 5-year period
First publication of the notice of saleM.G.L. c. 244, § 14At least 21 days before the sale
Notice of sale mailed to the ownerM.G.L. c. 244, § 14At least 14 days before the sale, by registered mail
Notice of intent to seek a deficiencyM.G.L. c. 244, § 17BAt least 21 days before the sale
Lender's deadline to sue for a deficiencyM.G.L. c. 244, § 17A2 years after the foreclosure sale
Itemized accounting of sale proceedsM.G.L. c. 183, § 27Within 60 days after the lender receives the funds

Your own dates are on the notices you received. If a notice and this page disagree, trust the notice and ask a counselor or lawyer.

Common questions in Massachusetts

How fast can a Massachusetts foreclosure happen?

At the very least, about five months from the first missed payment, because of the federal 120-day wait, the 90-day cure period that runs with it, and at least 21 days of published notice. The Servicemembers case and postponements usually add months. This is a minimum, not a prediction.

Can I use the Massachusetts right to cure twice?

Section 35A gives the right to cure once in any 5-year period, no matter who holds your mortgage. If you used it in the last 5 years, the lender does not have to give you another cure period by law. Your servicer may still allow you to catch up, so ask in writing.

How long does a Massachusetts lender have to sue me for a deficiency?

Two years after the foreclosure sale, under M.G.L. chapter 244, section 17A. It can sue only if it mailed you the deficiency warning at least 21 days before the sale and signed an affidavit of that mailing within 30 days after the sale.

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

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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