Skip to main content
How to avoidForeclosure

Massachusetts · What this letter means

You got a Massachusetts Notice of Intention to Foreclose and of Deficiency: what it means

This 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.

Reviewed October 12, 2026. General information, not legal, tax or financial advice.

Who sends it
The holder of your mortgage note, by registered mail, return receipt requested
What it starts
Nothing new on its own; it keeps the lender's right to sue for a shortfall for 2 years after the sale
Do this first
Save the envelope and green card, write down the date, and call legal aid about the coming sale

What this notice is in Massachusetts

M.G.L. c. 244, § 17B says a lender cannot bring a suit for a deficiency after a foreclosure sale unless it first mailed you a notice of its intent to foreclose and of your possible liability. The statute gives the form and its heading: "Notice of Intention to Foreclose and of Deficiency After Foreclosure of Mortgage." It names the note you signed and says you may be liable in case of a deficiency in the proceeds of the sale.

A deficiency is the gap between what you owe and what the home sells for at auction, after costs.

How the deadlines count

  • 21 days: the notice must be mailed by registered mail, postage prepaid, return receipt requested, to your last address known to the lender, not less than 21 days before the sale date. Count back from the sale date.
  • 30 days: within 30 days after the sale, the lender must sign a sworn affidavit that it mailed the notice. The affidavit counts as first-level proof of mailing.
  • 2 years: a deficiency lawsuit must start within 2 years after the foreclosure sale, under M.G.L. c. 244, § 17A.
  • Any agreement you signed before a lawsuit to give up these rules is void under M.G.L. c. 244, § 17C.

What it does and does not mean

  • It is not a lawsuit or a bill. No one has sued you yet.
  • It does not mean the lender will sue. It means the lender kept the option.
  • If the lender never sent it, or sent it late, it cannot bring a deficiency suit. Keep proof of when it arrived.
  • It usually arrives around the same time as the Mortgagee's Sale of Real Estate notice, so treat it as a warning that the auction is near.

What to do this week

  • Keep the notice, the envelope and any return receipt card. Write down the date you received it and the sale date.
  • Call free legal aid or the Mass Bar Lawyer Referral Service at (617) 654-0400 about options before the sale.
  • If you are trying a short sale or deed in lieu, ask for a written release of any remaining balance. No Massachusetts statute settles the shortfall in those deals.
  • If the auction is within 7 days, call the Division of Banks Consumer Assistance Unit at (617) 956-1501.
  • Read Massachusetts deficiency judgments and our national deficiency letter page.

Common questions

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

Two years after the foreclosure sale, under M.G.L. c. 244, § 17A, and only if it mailed this notice at least 21 days before the sale and signed an affidavit of mailing within 30 days after.

What if I never got this notice before my Massachusetts sale?

The lender must have mailed it by registered mail at least 21 days before the sale. If it did not, section 17B bars a deficiency suit. The lender's affidavit is evidence it mailed the notice, so keep anything that shows otherwise and talk to a lawyer.

Can a Massachusetts lender take my wages for a deficiency judgment?

Only after it wins a lawsuit. Massachusetts protects the greater of 85 percent of your gross wages or 50 times the higher of the federal or state hourly minimum wage each week.

Other Massachusetts letters

Sources

  1. M.G.L. c. 244, § 17B, Notice of intention to foreclose; deficiency (Massachusetts General Laws)
  2. Division of Banks: Help for Distressed Homeowners
  3. Massachusetts Attorney General: Frequently asked questions about mortgages and foreclosure

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.