When The House Is Foreclosed
G.L. c. 244, § 35A — a 90 day right to cure, and notice before the sale
In Massachusetts, a mortgagor of residential real property has a 90–day right to cure a default of a required payment by paying all amounts due without acceleration of the unpaid balance. The right is granted once during any 5–year period, regardless of the mortgage holder.
Ninety days after the written notice. The mortgage holder may not accelerate or foreclose for the missed payment until at least 90 days after a written notice to the mortgagor, delivered by hand or sent by first class and certified mail.
Before the sale. Notice of the sale is mailed by registered mail at least 14 days before the sale to the owner of the equity of redemption, as the section describes.
| The assumption | What the law actually does |
|---|---|
| The assumptionMissing a payment means the loan is called at once | What the law actually doesA 90–day right to cure first, without acceleration |
| The assumptionThe cure right can be used over and over | What the law actually doesOnce during any 5–year period |
Loss mitigation, loan modification and the federal servicing rules run alongside a foreclosure on their own deadlines and are not on this page. Whether a notice was proper, whether a defense exists, and what a particular sale means are questions for a licensed Massachusetts attorney.
Sources for this section (2)
- G.L. c. 244, § 35A — Right of residential real property mortgagor to cure a default; notice required to accelerate maturity
- G.L. c. 244, § 14 — Foreclosure under power of sale; procedure; notice; form
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.