- Who sends it
- Your mortgage holder or its servicer, by first-class and certified mail or by hand
- What it starts
- At least 90 days to cure before the lender can accelerate the loan or move toward foreclosure
- Do this first
- Write down the cure amount and cure date, then call a HUD-approved counselor or MassHousing
What this notice is in Massachusetts
M.G.L. c. 244, § 35A gives you a right to cure a payment default on a mortgage on your principal residence with 4 or fewer units. The lender, or anyone holding the mortgage through it, may not accelerate the loan or otherwise enforce the mortgage for missed payments until at least 90 days after it gives you this written notice. The Division of Banks says a servicer may send it on the lender's behalf.
The first page must say: "This is an important notice concerning your right to live in your home. Have it translated at once." The notice must list what the default is, the amount needed to cure, the cure deadline, who to pay, and a phone number to call if you think the default or amount is wrong. It must also name any mortgage broker or loan originator on the loan, give phone numbers for the Massachusetts Housing Finance Agency (MassHousing) and the Division of Banks, and tell you that you can sell the home or redeem it by paying in full before a foreclosure sale, and that you may be evicted after a sale.
How to count the 90 days
- Section 35A treats the notice as given when it is handed to you, or when it is sent by first-class mail and certified mail (or a similar private carrier) to your last known address. Count from that date, not from the day you open it.
- The cure date in the notice must be at least 90 days after the notice is given. These are calendar days.
- The 90 days usually run at the same time as the federal rule that generally bars a first foreclosure step until you are more than 120 days behind.
- You get the right to cure only once in any 5-year period, no matter who holds the mortgage.
- Older papers and websites may say 150 days. The Division of Banks says the period went back to 90 days on January 1, 2016.
What it does and does not mean
- It is not a foreclosure, not a sale notice and not an eviction. No sale date is set yet.
- To cure, you pay all amounts due without acceleration, plus allowed late fees and daily interest. The lender cannot charge you a fee for using the right to cure, and you are not liable for its attorney fees from before or during the cure period.
- If you do not cure by the deadline, the lender can take steps toward foreclosure. After the 90 days, state law does not require it to let you catch up, though it may choose to.
- The lender must file a copy of this notice with the Division of Banks, and must file a copy and an affidavit of compliance in any foreclosure case.
- If you have a certain higher-risk loan, a Right to Request a Modified Mortgage Loan notice may come with this one. It has its own 30-day deadline.
What to do this week
- Keep the notice and both envelopes. Write down the date it was mailed, the cure amount and the cure date.
- If the amount looks wrong, call the dispute number in the notice and follow up in writing.
- Call a free HUD-approved housing counselor or MassHousing. The Attorney General says you can use the cure period to apply for a loan modification, and you can apply even if you never got a right-to-modify notice.
- Ask your servicer, in writing, for a loss mitigation application and send it back complete. Keep copies.
- If your servicer is not responding, call the Attorney General's Consumer Hotline at (617) 727-8400.
- Read how a Massachusetts foreclosure works and how to stop a foreclosure in Massachusetts.
Scams that follow this notice
The Attorney General's regulations ban charging upfront fees for loan modification help, and the Attorney General warns against deed transfer deals where you sign over your home for a promise that you can stay or buy it back. Help from counselors, legal aid and the Attorney General's office is free. See is this letter a scam and Massachusetts foreclosure help.
The rest of the Massachusetts process
See how foreclosure works in Massachusetts, the timeline, ways to stop it and free help in Massachusetts, or read the national guide to this letter.
Common questions
How long do I have to cure after a Massachusetts Right to Cure Notice?
At least 90 days after the notice is given, which M.G.L. c. 244, § 35A says is the date it is handed to you or sent by first-class and certified mail. The exact cure date is printed in the notice.
Can I use the Massachusetts right to cure more than once?
Only once in any 5-year period, regardless of who holds the mortgage. If you used it in the last 5 years, the lender does not have to give you another cure period by law, but you can still ask your servicer in writing to let you catch up.
Can the lender charge me attorney fees to cure in Massachusetts?
Not for the cure period. Section 35A says you are not liable for attorney fees the lender incurred before or during the notice period, and it cannot charge a fee for using the right to cure. You do pay allowed late fees and daily interest.
My Massachusetts notice says 150 days. Which is right?
The Division of Banks says the right to cure went from 150 days back to 90 days on January 1, 2016, and the current statute says 90 days. Use the cure date printed on your notice, and ask a counselor or legal aid if it seems wrong.
Other Massachusetts letters
- Right to Request a Modified Mortgage Loan NoticeIf your loan has certain higher-risk features, Massachusetts law makes the lender try to avoid foreclosure before it can advertise a sale. This notice tells you that you can ask for a modified loan. You have 30 days after it is delivered to send back your choice.
- Servicemembers Complaint and Order of NoticeA Servicemembers case is a short court case a lender files, usually in the Land Court, before it forecloses. It decides only whether an owner has military protections under federal law. It is not the foreclosure itself, but it is a sign that a sale notice may come soon.
- Notice of Intention to Foreclose and of Deficiency After Foreclosure of MortgageThis registered-mail notice warns that you may owe money if the foreclosure sale brings in less than the debt. A Massachusetts lender can sue you for that shortfall only if it mailed this notice at least 21 days before the sale. It also tells you a sale is close.
- Mortgagee's Sale of Real Estate (notice of sale)This is the notice of the foreclosure auction. It must run in a local newspaper once a week for 3 weeks, the first at least 21 days before the sale, and be mailed to you by registered mail at least 14 days before. In Massachusetts the auction itself ends your right to redeem.
- Notice to Quit and Summary Process Summons and ComplaintAfter a Massachusetts foreclosure auction, the new owner must use a court eviction case, called summary process, to remove you. It usually starts with a written notice to quit, then a Summary Process Summons and Complaint. You cannot be locked out without a court judgment.
Sources
- M.G.L. c. 244, § 35A, Right to cure a default (Massachusetts General Laws)
- Division of Banks: FAQ about the January 1, 2016 updates to the Right to Cure Notice
- Massachusetts Attorney General: Frequently asked questions about mortgages and foreclosure
- Massachusetts Attorney General: Foreclosure-related scams