How to Sell Your House Before Foreclosure in Massachusetts
Quick answer: If you are behind on your mortgage in Massachusetts, you usually have time to sell before a foreclosure auction. Under M.G.L. c. 244, § 35A, your lender must give you a 90-day right to cure notice before it can start foreclosure. A sale that closes before the auction pays off the loan, protects whatever equity you have and keeps a foreclosure off your record. The key is acting early, because a listing, a contract and a closing take weeks.
Your timeline in Massachusetts
Right to cure. Since January 1, 2016, the right to cure period for a residential mortgage default is 90 days, down from 150. The servicer must give you the notice at least 90 days before it takes steps to enforce foreclosure.
Notice of sale. Before an auction, the lender must mail a notice of sale at least 14 days before the sale date and publish it once a week for three consecutive weeks in a local or general-circulation newspaper (M.G.L. c. 244, § 14).
Auction. If nothing changes, the property is sold at a public auction on the date in the notice.
Put together, that is often several months from the first missed payment to an auction date. It is not unlimited, and the closing has to happen before the auction.
Why sell instead of waiting
You keep control. You choose the buyer and the timing instead of an auction bidder.
You may keep equity. At auction, the property is sold to the highest bidder, often at a discount. A market sale usually brings more.
Cleaner finish. A completed sale pays the loan off and avoids the foreclosure process entirely.
Step by step
Get your payoff figure. Ask your servicer in writing for the payoff, including late fees and any legal costs added so far.
Find your real value. A broker review of recent comps tells you whether the sale covers the payoff plus closing costs. Request a home value estimate.
Check the math. Subtract payoff, the deed excise tax ($4.56 per $1,000 of price in most of Massachusetts, $5.70 in Barnstable County), attorney fees, the smoke and CO certificate fee and the agent fee. See our Massachusetts cost-to-sell guide.
If the price is short. Ask the lender about a short sale, where the lender approves a sale for less than the balance. Our guide explains how short sales work.
List with a realistic timeline. Tell your agent your auction date on day one. Buyers using financing need time, so a cash or fast-closing buyer may fit better.
Line up the paperwork early. Book the smoke and CO inspection, schedule a Title 5 inspection if you have septic, and gather lead paint records for pre-1978 homes. See requirements and timeline.
Other options to look at first
Selling is not the only path. Mass.gov lists loan modification for loans that qualify and points homeowners to housing counseling. The state also notes that if an auction is within 7 business days and the property is your primary residence, you can ask the Division of Banks to request a 60-day delay. The page calls this a last resort, and no delay is guaranteed.
Free help
HOPE Hotline: 888-995-HOPE (4673), 24 hours a day.
AG HomeCorps loan modification hotline: 617-573-5333.
Division of Banks imminent foreclosure assistance: 617-956-1501, weekdays 8:45 a.m. to 5:00 p.m.
A HUD-approved housing counselor or a Massachusetts attorney can review your notices.
Bring every letter from your lender to any call. For more on the process, read our step-by-step foreclosure guide and selling before foreclosure.
Thinking about selling? Full-service representation at a 1% listing fee. Talk to Zack or Nick directly.
Commissions and fees are negotiable and not set by law. Our 1% listing fee applies to the listing side only, and any buyer-agent compensation is separately negotiable. This is general information, not legal advice, and we do not provide loan modification or legal services. Foreclosure timelines depend on your loan and notices, so confirm yours with a Massachusetts attorney or housing counselor. Information reflects October 2026.
Sources: Mass.gov: Avoiding Foreclosure for Massachusetts Consumers; Mass.gov: Right to Cure Notice FAQ (2016 updates); Mass Real Estate Law Blog: deed excise rates.
