Sell Your House During Foreclosure in MA

If you’ve fallen behind on your mortgage and are facing foreclosure in Massachusetts, you still have options. Many homeowners don’t realize that you can sell your house at any point before the foreclosure sale is completed — often paying off the loan, avoiding a completed foreclosure on your record, and moving forward on your own terms.

Understanding Foreclosure in Massachusetts

Massachusetts law allows lenders to foreclose using either a judicial process or a non-judicial process. In practice, the large majority of Massachusetts foreclosures use the non-judicial method known as foreclosure by power of sale, authorized under Massachusetts General Laws chapter 244. This method doesn’t require the lender to file a lawsuit or get a judge’s approval before selling the property, which is part of why understanding your notices and deadlines matters so much.

Massachusetts courts have also made clear that lenders must follow the rules exactly. In Eaton v. Federal National Mortgage Association (2012), the Supreme Judicial Court ruled that a lender must actually hold the mortgage note — or act with the authority of whoever does — before it can foreclose. In Pinti v. Emigrant Mortgage Company (2015), the court held that a lender’s failure to strictly comply with the required notice of default can make a foreclosure sale void.

The Right to Cure Notice

Before a lender can accelerate your loan balance or begin foreclosure, Massachusetts law generally requires it to send a “Right to Cure” notice. This notice — governed by M.G.L. c. 244, §35A and Division of Banks regulation 209 CMR 56 — gives you a window of 90 to 150 days to pay the overdue amount and bring your loan current. It must be delivered either by hand or by mail, and it should clearly explain what you owe and how to cure the default.

The Massachusetts Foreclosure Process, Step by Step

While every situation is different, most Massachusetts foreclosures move through the same general stages:

The borrower falls behind on mortgage payments, and the loan goes into default.
Before accelerating the loan, the lender must send a Right to Cure notice, giving the borrower 90 to 150 days to pay the past-due amount (M.G.L. c. 244, §35A).
The lender must also take reasonable steps in good faith to avoid foreclosure, which may include a loan modification review, before proceeding (M.G.L. c. 244, §35B).
If the default isn’t cured, the lender can move forward with a non-judicial “power of sale” foreclosure — the most common method in Massachusetts — publishing notice of the sale and following the statutory procedure (M.G.L. c. 244, §14).
The property is sold at a public auction; because Massachusetts courts require strict compliance with notice and procedural requirements, any misstep can void the sale.
After the sale, any surplus proceeds beyond what’s owed on the mortgage are distributed according to law (M.G.L. c. 183, §27).

Can You Sell Your House During Foreclosure?

Yes. As the homeowner, you generally retain the right to sell your property at any point before the foreclosure sale is completed. Many Massachusetts homeowners choose to sell during this window — whether they’re still in the Right to Cure period or further along in the process — to pay off the mortgage, avoid a completed foreclosure on their record, and move forward on their own terms.

Why Massachusetts Homeowners Facing Foreclosure Choose to Sell

Wanting to pay off the mortgage before the scheduled foreclosure sale date
Owing more in missed payments, fees, and interest than they can realistically catch up on
Needing to relocate quickly for a new job, family situation, or health reason
Wanting to avoid the impact of a completed foreclosure on their credit and rental history
Preferring a fast, certain sale over the uncertainty of a loan modification review

When Should You Call Us?

Homeowners in Massachusetts often reach out to us at these moments:

You’ve received a Notice of Sale.
Your home already has an auction date scheduled.
You want to sell before the foreclosure sale is completed.
You want to avoid a completed foreclosure on your record.
You’re unsure what options are still available to you at this stage.

How We Help Massachusetts Homeowners Facing Foreclosure

Reach out any time — before or after you’ve received a Right to Cure notice, we can talk through your timeline and options.
Get a no-obligation cash offer — we evaluate the property as-is, so there’s no need for repairs or showings.
Close quickly — because foreclosure timelines are strict, we work to close before your scheduled sale date whenever possible.

Why Choose Expert Land Sellers

We buy houses as-is, including homes with deferred maintenance or repairs you haven’t had time to make
No realtor commissions or listing fees eating into what you walk away with
We can coordinate directly with your lender or loan servicer on payoff timing
Fast closings designed to work within a foreclosure timeline, not against it

Frequently Asked Questions

Can I sell my house if it’s already in foreclosure in Massachusetts?

Yes, in most cases you can sell your house any time before the foreclosure sale is completed. Once you have an accepted offer, proceeds from the sale are typically used to pay off the mortgage balance, and any remaining funds go to you. Selling before the auction date can help you avoid a completed foreclosure on your record.

What is a Right to Cure notice?

A Right to Cure notice is a written notice a mortgage lender must send before accelerating your loan or starting foreclosure. Under Massachusetts law, it generally gives you 90 to 150 days to pay the past-due amount and bring your loan current. The notice must be delivered by hand or by mail, and it describes what you owe.

How long does the Massachusetts foreclosure process take?

It varies widely depending on the lender, whether you respond to the Right to Cure notice, and whether any legal challenges arise. Because Massachusetts primarily uses the non-judicial “power of sale” process, foreclosures can move relatively quickly once the cure period expires, but the exact timeline depends on your specific loan and circumstances.

Will selling my house stop the foreclosure?

Selling your house before the foreclosure sale is completed generally stops that specific foreclosure, since the sale proceeds are used to pay off the loan. It’s important to move quickly and keep your lender informed, since a scheduled foreclosure auction will proceed on its published date unless the loan is paid off or otherwise resolved beforehand.

What if I’ve received a Right to Cure notice — what should I do?

Read it carefully, note the deadline, and consider your options right away — whether that’s paying the past-due amount, discussing a loan modification with your lender, or selling the property. We’re happy to provide a no-obligation cash offer so you can see whether selling is a faster, simpler path forward.

A Note on Legal Information

This page is provided for general educational purposes only and is not legal advice. Massachusetts foreclosure law, notice requirements, and court procedures can change, and every situation is different. Please consult a licensed Massachusetts attorney or a HUD-approved housing counselor about your specific situation before making any decisions about your mortgage or property.

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Selling Your House During Foreclosure in Massachusetts