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
Missed payments and the right to cure
Day 1 to at least day 120The 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
Modification review for certain loans
30 days to answer the notice; the whole review must take no longer than 150 daysIf 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)
Servicemembers case
Often 2 to 4 monthsThe 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
Notice of sale to auction
At least 21 daysThe 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
Auction to closing
Usually about 30 days after the auctionMassLegalHelp 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.
Accounting and deficiency deadlines
60 days for the accounting; 2 years for a deficiency lawsuitThe 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, § 35A | At least 90 days, once in any 5-year period |
|---|---|
| First publication of the notice of saleM.G.L. c. 244, § 14 | At least 21 days before the sale |
| Notice of sale mailed to the ownerM.G.L. c. 244, § 14 | At least 14 days before the sale, by registered mail |
| Notice of intent to seek a deficiencyM.G.L. c. 244, § 17B | At least 21 days before the sale |
| Lender's deadline to sue for a deficiencyM.G.L. c. 244, § 17A | 2 years after the foreclosure sale |
| Itemized accounting of sale proceedsM.G.L. c. 183, § 27 | Within 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.
- How foreclosure works
- How long it takes (this page)
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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HUD-approved housing counselors
Free foreclosure prevention counseling from agencies approved by the U.S. Department of Housing and Urban Development. A counselor can review your budget and deal with your servicer alongside you.
(800) 569-4287CFPB: help for struggling homeowners
Plain-language guides from the Consumer Financial Protection Bureau, and a complaint form if your mortgage servicer is not following the rules.
Legal Services Corporation: find legal aid
Find the free civil legal aid office for your county if you have been served with a foreclosure lawsuit or given a sale date and cannot afford a lawyer.
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Sources for this page
- M.G.L. c. 244, § 15, Copy of notice; affidavit; recording
- M.G.L. c. 244, § 15A, Mortgagee taking possession or conveying title; notice
- M.G.L. c. 239, § 1, Persons entitled to summary process
- Land Court, Frequently asked questions about Servicemembers cases
- Division of Banks, FAQ about the January 1, 2016 updates to the Right to Cure Notice
- Division of Banks, Help for Distressed Homeowners
- MassLegalHelp, Homeowners facing foreclosure (reviewed October 2025)
- M.G.L. c. 244, § 14, Foreclosure under power of sale
- M.G.L. c. 244, § 17A, Limitation of actions
- M.G.L. c. 244, § 17B, Notice of intention to foreclose
- M.G.L. c. 244, § 18, Persons authorized to redeem
- M.G.L. c. 244, § 35A, Right to cure a default
- M.G.L. c. 244, § 35B, Good faith effort to avoid foreclosure
- M.G.L. c. 244, § 35C, Creditor actions in violation of chapter
- M.G.L. c. 183, § 27, Disposition of proceeds of foreclosure sale
- Acts of 2024, Chapter 150 (Affordable Homes Act), foreclosure mediation pilot
- Mass.gov, Homeowner Assistance Fund (HAF)
- Mass. Attorney General, Frequently asked questions about mortgages and foreclosure
- Mass. Attorney General, Preventing Foreclosure
- Mass. Attorney General, Foreclosure-related scams
- 940 CMR 25.00, Foreclosure rescue transactions and foreclosure-related services
- Land Court Servicemembers Cases Resources
- Trial Court Law Libraries, Massachusetts law about mortgage foreclosure