How to Buy a Foreclosure in Massachusetts (2026)
Quick answer: Most Massachusetts foreclosures are non-judicial. The lender sells the home at a public auction under the mortgage's "power of sale," usually on the property itself. You can buy at that auction (cash, as-is, short timeline) or wait and buy the home as a bank-owned (REO) listing, where you can inspect and usually finance.
Massachusetts foreclosure in 2026
ATTOM counted 2,719 Massachusetts properties with foreclosure filings in the first half of 2026, about 1 in 1,115 homes. That ranked 36th and was up about 3% from a year earlier.
In July 2026, Banker & Tradesman reported filings up nearly 12% year over year, with Hampden, Worcester, Plymouth and Bristol counties hit hardest.
In August 2026, Massachusetts had 467 properties with filings, 1 in 6,489 homes (37th).
How a Massachusetts foreclosure auction is set up
Under M.G.L. c. 244, § 14, the lender must:
Publish the notice of sale in a local newspaper once a week for three weeks in a row, the first at least 21 days before the sale.
Send notice to the owner by registered mail at least 14 days before the sale.
Before that, owner-occupants of 1–4 family homes get a 90-day right to cure (§ 35A), and certain higher-risk loans require the lender to review a loan modification first (§ 35B). The lender also files a Servicemembers case in Land Court.
Typical auction terms
Real Massachusetts notices published in April 2026 show the usual terms:
A deposit of $5,000 to $10,000 by certified or bank check at the sale.
The balance due within 30 days.
The home is sold subject to unpaid taxes, tax titles, water bills, municipal liens, prior liens and the rights of tenants or occupants.
The lender can bid, reject bids and postpone the sale by public announcement.
If the sale is set aside, the buyer's remedy may be just the return of the deposit.
There is no post-sale right of redemption in a Massachusetts power-of-sale foreclosure. Once the sale is done, it is done. For how the Connecticut process compares, see our guide to buying a foreclosure in Connecticut.
Title risk: why Massachusetts buyers need an attorney
Massachusetts courts require lenders to follow foreclosure rules to the letter:
U.S. Bank v. Ibanez (2011): the foreclosing party must hold the mortgage when it gives notice and sells, or the sale can't pass good title.
Pinti v. Emigrant (2015): a default notice that doesn't strictly follow the mortgage can make the sale void.
After the sale, the lender records the deed with an affidavit of sale (§ 15). Have a Massachusetts real estate attorney review the chain of title and ask whether title insurance is available before you bid.
Occupants and tenants
If someone is living in the home, you will need a court eviction (summary process) to get possession. Under M.G.L. c. 186A, lenders and certain institutional "foreclosing owners" cannot evict tenants without just cause unless there is a binding sale to a third party. Budget time and legal fees for occupied homes.
Buying a Massachusetts REO
If the lender buys the home back at auction, it later lists it as bank-owned. That usually means:
You can tour, inspect and use most loan types.
The bank's addendum controls and sells the home as-is.
Title 5 septic: for foreclosures, the state code allows the inspection to happen after the sale, and the foreclosing lender can shift that job to the buyer in writing (310 CMR 15.301). Ask who pays for Title 5 and smoke/CO certificates before you sign.
Where to find Massachusetts foreclosures
MassPublicNotices.org: free statewide newspaper notices, including foreclosure sales.
MassLandRecords.com: registry of deeds searches for "Order of Notice" (upcoming) and "Foreclosure Deed" (completed).
Listing sites, including Foreclosure.com. You can also sign up for our investor and foreclosure alerts.
Work with a broker who has done this for years
Zack DeCaro is a licensed real estate broker in Connecticut (REB.0795525) and Massachusetts (9586658-RE-B) with Property Works New England. Over more than 10 years, Zack has handled 1,000+ REO assets and 1,500+ broker price opinions; he and Nick DeCaro work REO files at Property Works New England. See our REO services or tell us what you are looking for.
Disclosure: Zack and Nick DeCaro are Foreclosure.com affiliates. If you sign up through our link we may earn a commission, at no extra cost to you.
Sources: M.G.L. c. 244 § 14; § 15; § 35A; § 35B; c. 186A § 2; Mass.gov: Law about mortgage foreclosure; MassLegalHelp; Middlesex North Registry of Deeds; 310 CMR 15.301; Legal notices, April 23, 2026; ATTOM mid-year 2026; Banker & Tradesman; ATTOM rates by state. This is general information, not legal or tax advice. Talk to a real estate attorney before bidding or signing. Buyer-side compensation is separately negotiable, and all commissions and fees are negotiable and not set by law.
