Behind on Your Mortgage in MA? Pre-Foreclosure Options

If you’ve missed one or more mortgage payments in Massachusetts, you’re in what’s often called “pre-foreclosure” — the period before a lender has completed a foreclosure sale. This stage can feel stressful, but it’s also when you have the most options. You have time to understand your notices, talk to your servicer, and decide whether reinstating the loan, modifying it, or selling the property is the right path for you.

Understanding Pre-Foreclosure in Massachusetts

Pre-foreclosure isn’t a formal legal term in Massachusetts law, but it’s commonly used to describe the time after a borrower falls behind on mortgage payments and before the lender completes a foreclosure sale. During this window, Massachusetts regulation 209 CMR 56.00 requires mortgagees and loan servicers to follow specific notice and, in many cases, loss-mitigation steps before they can move forward with foreclosure.

Under M.G.L. c. 244, §35B, a lender is generally required to take reasonable steps in good faith to avoid foreclosure on certain mortgage loans — which can include evaluating you for a loan modification — before it can proceed. Understanding where you are in this process, and what deadlines apply, is the first step toward deciding what to do next.

The 90-Day Right to Cure Period

Before a lender can accelerate your loan or begin foreclosure, Massachusetts law generally requires it to send a “Right to Cure” notice under M.G.L. c. 244, §35A and Division of Banks regulation 209 CMR 56.04. Since January 1, 2016, this notice provides a 90-day period (it was previously 150 days) during which you can pay the past-due amount and bring your loan current, stopping the foreclosure process from moving forward on that default.

The notice must be delivered by hand or by mail, must identify a specific contact at the mortgagee or servicer, and must clearly state the amount needed to cure the default. If you’re an active-duty service member, you’re also entitled to a separate notice under the Servicemembers Civil Relief Act.

Your Options During Pre-Foreclosure, Step by Step

Every situation is different, but homeowners in pre-foreclosure in Massachusetts generally have these options available:

Contact your loan servicer as soon as you know you’ll miss a payment — don’t wait for a formal notice to start the conversation.
Read your Right to Cure notice carefully. It should show the exact past-due amount and the deadline (generally 90 days) to bring the loan current.
Ask about reinstatement (paying the full past-due amount in one payment) or a repayment plan spread over several months.
Ask about a loan modification review, which 209 CMR 56.00 requires servicers to offer for certain qualifying mortgage loans before foreclosing.
Reach out to free resources for guidance: the HOPE Hotline (888-995-4673), the Massachusetts Attorney General’s HomeCorps Loan Modification Hotline (617-573-5333), or a HUD-approved housing counselor.
If reinstatement or modification isn’t realistic for your situation, consider selling the property before a Notice of Sale is issued — this can preserve your remaining equity and help you avoid a completed foreclosure on your record.

Can You Sell Your House During Pre-Foreclosure?

Yes. As the homeowner, you generally retain the right to sell your property at any point during pre-foreclosure. Many Massachusetts homeowners find that selling during this earlier stage — rather than waiting for a Notice of Sale or scheduled auction — gives them more time, more control over the timeline, and a better chance of walking away with some equity instead of losing it to fees, interest, and penalties.

Why Massachusetts Homeowners in Pre-Foreclosure Choose to Sell

Wanting to get ahead of the situation before a formal foreclosure notice is filed
Owing more in missed payments, late fees, and interest than they can realistically catch up on
Preferring the certainty of a sale over an uncertain loan modification review or repayment plan
Wanting to preserve remaining home equity before additional fees and interest accumulate
Needing to relocate quickly for a new job, health issue, or family situation

When Should You Call Us?

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

You’re behind on mortgage payments.
You’ve received a Right to Cure notice.
Your lender has denied a loan modification.
You don’t want the property to go to auction.
You want to sell before foreclosure affects your options.

How We Help Massachusetts Homeowners Facing Pre-Foreclosure

Reach out any time — as soon as you’ve missed a payment or 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 — often well before your Right to Cure period expires, giving you certainty sooner rather than later.

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
Flexible closings designed to work within your Right to Cure timeline, not against it

Frequently Asked Questions

What does “pre-foreclosure” mean in Massachusetts?

Pre-foreclosure generally refers to the period after a homeowner falls behind on mortgage payments but before the lender completes a foreclosure sale. During this time, Massachusetts law requires lenders to send specific notices, including a Right to Cure notice, and in many cases to evaluate the borrower for loss-mitigation options before foreclosure can proceed.

How long do I have before foreclosure starts after I miss a payment?

Timelines vary, but once a lender sends a Right to Cure notice under M.G.L. c. 244, §35A, you generally have 90 days to pay the past-due amount and bring the loan current. The lender cannot accelerate the loan or begin foreclosure during that cure period as long as the notice requirements have been met.

Can I still save my house during pre-foreclosure?

In many cases, yes. Options can include reinstating the loan, setting up a repayment plan, or applying for a loan modification, which servicers are generally required to consider for certain mortgage loans under 209 CMR 56.00. A HUD-approved housing counselor or attorney can help you evaluate which option fits your situation.

Should I sell my house instead of waiting for foreclosure?

It depends on your goals and finances. Some homeowners would rather keep the home and pursue a modification, while others prefer to sell during pre-foreclosure to preserve equity and avoid a completed foreclosure on their record. We’re happy to provide a no-obligation cash offer so you can compare it against your other options.

What resources are available if I’m behind on my mortgage?

Massachusetts offers several free resources, including the HOPE Hotline (888-995-4673), the Attorney General’s HomeCorps Loan Modification Hotline (617-573-5333), and HUD-approved housing counseling agencies. If an auction date is already set within 7 business days, the Division of Banks’ Imminent Foreclosure Assistance line may be able to help.

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 loss-mitigation regulations 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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Behind on Your Mortgage? Pre-Foreclosure Options in Massachusetts