Behind on Payments? The Massachusetts Playbook to Avoid Foreclosure Without Getting Scammed
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Missing a mortgage payment feels like stepping onto thin ice. At first, it creaks. Then you start getting letters that look like they were designed to raise your blood pressure. After that, you get calls at times that make no sense, like 8:03 a.m. on a Tuesday when you are already juggling work, kids, or a parent who needs help.
Here’s the part most people miss: in Massachusetts, the process has a rhythm. You have rights, deadlines, and options. The best outcomes usually go to the people who act early, keep records, and avoid “rescue” companies that charge fees and deliver excuses.
This guide is the practical playbook: what Massachusetts requires, what your lender can offer, when selling makes sense, and how to avoid scams that target homeowners at the exact moment they feel desperate.
This is general information, not legal advice. If you are close to a foreclosure sale date, talk with a Massachusetts foreclosure attorney or a HUD approved housing counselor.
First, know the Massachusetts “Right to Cure” rule
Massachusetts gives many homeowners a built-in window to fix a payment default before the lender can accelerate the loan balance or move deeper into foreclosure. It’s called the Right to Cure under Massachusetts General Laws Chapter 244, Section 35A. The standard window is 90 days.
A few details matter a lot:
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The Right to Cure is a 90 day period to pay what’s due without the lender accelerating the whole loan balance.
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You typically get this Right to Cure once during any 5 year period, no matter who owns the loan.
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Massachusetts regulations also spell out when and how the Right to Cure notice must be sent.
Translation: the clock matters, and the paperwork matters.
If you missed payments, your first goal is to identify what stage you are in. A lot of panic comes from not knowing whether you are early, midstream, or near the end.
What foreclosure looks like in Massachusetts.
Massachusetts is known for foreclosure by “power of sale,” which means many foreclosures can proceed without a full court case the way some other states do. The state still requires specific notices and steps. One key statute is Massachusetts General Laws Chapter 244, Section 14, which covers the foreclosure under power of sale procedure and notice requirements.
There is also a basic “notice of sale” publication and mailing pattern that shows up in many Massachusetts foreclosures. State guidance describes a notice of sale published once a week for three straight weeks, and a mailed notice at least 14 days before the sale.
That means you usually have more time than you think, but less time than you want.
The 30 minute plan: what to do today, before you do anything else
If you do nothing else after reading this, do these five things.
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Find your servicer’s real phone number
Do not use the number on a postcard flyer. Use your monthly statement, your online account, or the servicer’s official site. -
Ask one question and write the answer down
“What is my status and what is my next deadline?”
You want dates, not opinions. -
Ask for loss mitigation options
This is the industry term for the options that help you avoid foreclosure: repayment plan, forbearance, loan modification, and more. -
Start a document folder
Keep every letter. Save every email. Log every phone call with date, time, name, and summary. -
Get a free third party guide on your side
Massachusetts points homeowners to approved counseling resources and foreclosure avoidance help. HUD also funds housing counseling that is free or very low cost.
That’s your foundation. Now we build the real plan.
Your main options to avoid foreclosure in Massachusetts
You have more than one way out. The right answer depends on your income, your arrears, your home equity, and your timeline.
Option 1: Repayment plan
This is the “catch up over time” option. You pay your normal monthly amount plus an extra amount until you are current.
Works best when:
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you missed one to three payments
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your income stayed steady
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the hardship ended
Option 2: Forbearance
Forbearance is a pause or reduction in payments for a set period, often followed by a catch-up plan.
Works best when:
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you had a short shock like job loss, medical issue, or divorce transition
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you expect income to return
Option 3: Loan modification
A modification changes the loan terms. It can extend the term, change the rate, or roll arrears into the balance, depending on program rules and lender guidelines.
Works best when:
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the current payment is not sustainable
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you need a long-term reset
Option 4: Refinance
Refinance can work, but only if you qualify and have enough equity. If your credit took hits from late payments, refinance gets harder.
Works best when:
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you have equity
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your credit stays strong
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your income supports new underwriting
Option 5: Sell the house before foreclosure
Sometimes the most responsible move is to sell. Not because you “failed,” but because you chose a clean exit instead of a slow crash.
Selling often works best when:
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you have equity
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the payment is not coming back into reach
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the house needs work you cannot fund
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you need certainty for a move, custody plan, or medical care
Option 6: Short sale or deed in lieu
If you owe more than the house is worth, you may look at a short sale (lender agrees to take less than the balance) or a deed in lieu (you transfer the deed back to the lender). These options have strict rules and are not always offered.
If you are in this zone, talk to a housing counselor or attorney before you sign anything.
Massachusetts specific help you should use, because it’s built for this
Massachusetts has a solid set of public-facing resources that explain foreclosure avoidance and point you to legitimate help.
Start here:
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The state’s “Avoiding foreclosure for Massachusetts consumers” guidance includes Right to Cure basics and points to borrower options.
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The Massachusetts Attorney General’s office has a mortgage lending and foreclosures resource hub.
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MassHousing also directs homeowners to HUD approved counseling agencies and other assistance resources.
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HUD’s foreclosure avoidance page explains how housing counselors can help you understand options and negotiate with your servicer.
If you want a practical way to use counseling, treat it like a prep session. Bring your numbers. Bring your letters. Bring your timeline. A counselor can help you speak the lender’s language and avoid missing steps.
Now, the scam part, because this is where people get wrecked
When you fall behind, scammers show up like clockwork. They buy lists. They mail “urgent” notices. They use seals, flags, and words like “federal” or “approved.” Their goal is simple: get you to pay them or sign something that costs you your home.
Massachusetts calls this out directly and warns about foreclosure related scams and loan modification scams. The Attorney General’s regulations prohibit charging upfront fees for loan modification assistance.
The FTC also warns homeowners to watch for foreclosure relief scams while they look for real options.
The CFPB has a guide and checklist on spotting and avoiding foreclosure relief scams.
Here are the red flags that matter most:
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They demand an upfront fee to “start the process”
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They guarantee a loan modification
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They tell you to stop talking to your servicer
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They ask you to sign over the deed or “add a partner” to title
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They push wire transfers, gift cards, or odd payment methods
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They rush you with threats and deadlines they invented
If you want a simple rule: only your mortgage servicer decides on a modification. A third party cannot guarantee it.
If you already paid someone and you think you got scammed, Massachusetts tells consumers to file complaints, including with the FTC.
What to say to your servicer so the call is useful
Most people call and say, “I can’t pay.” That starts a long loop of scripts and frustration.
Try this structure instead:
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“I am behind and I want to avoid foreclosure.”
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“What is my status and what is my next deadline?”
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“What loss mitigation options do I qualify for right now?”
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“What documents do you need and where do I upload them?”
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“When will I get a written decision and how will I get it?”
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“Can you confirm the Right to Cure timeline and any notices sent?”
Then document the call.
This is not about being aggressive. It’s about being precise.
When selling becomes the smartest move
Not every situation ends in “save the home.” Sometimes the best move is to protect your credit, keep your cash, and move forward.
Selling before foreclosure can make sense if:
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the payment stays out of reach
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the house needs repairs that block a retail listing
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the property sits vacant and costs you each month
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you need to relocate and cannot carry two homes
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you want to avoid a foreclosure record on your timeline
If you have equity, you usually have choices. The earlier you act, the more choices you keep.
A note on timing and notices
If a lender moves toward a foreclosure sale, Massachusetts law and guidance describe notice and publication steps. One common pattern includes publishing notice of sale for three straight weeks and mailing notice at least 14 days before the sale.
Also remember the Right to Cure notice requirement. If you received a Right to Cure notice, do not treat it like junk mail. Massachusetts spells out that the standard Right to Cure is 90 days and ties it to the statute.
If you are unsure which notices you received, ask your servicer for the dates and copies.
Where this applies across Eastern Massachusetts
Foreclosure risk does not pick on one town. It shows up across Eastern Massachusetts, including Boston, Chelsea, Revere, Winthrop, Cambridge, Somerville, Everett, Malden, Medford, Arlington, Belmont, Watertown, Waltham, Newton, Brookline, Lexington, Lincoln, Concord, Acton, Boxborough, Carlisle, Bedford, Burlington, Woburn, Winchester, Reading, Wakefield, Melrose, Stoneham, North Reading, Wilmington, Tewksbury, Billerica, Chelmsford, Lowell, Dracut, Tyngsborough, Dunstable, Ayer, Shirley, Littleton, Westford, Groton, Pepperell, Townsend, Ashby, Ashland, Framingham, Natick, Needham, Wellesley, Weston, Wayland, Sudbury, Marlborough, Hopkinton, Holliston, Medway, Millis, Dover, Sherborn, Dedham, Westwood, Norwood, Canton, Milton, Quincy, Braintree, Weymouth, Hingham, Hull, Cohasset, Scituate, Marshfield, Duxbury, Hanover, Norwell, Pembroke, Hanson, Halifax, Plympton, Carver, Plymouth, Kingston, Middleborough, Lakeville, Rochester, Wareham, Bourne, Sandwich, Falmouth, Mashpee, Barnstable, Yarmouth, Dennis, Harwich, Brewster, Chatham, Orleans, Eastham, Wellfleet, Truro, Provincetown, Salem, Beverly, Danvers, Peabody, Lynn, Saugus, Swampscott, Marblehead, Nahant, Gloucester, Rockport, Ipswich, Rowley, Newbury, Newburyport, Amesbury, Salisbury, Haverhill, Lawrence, Methuen, Andover, North Andover, Middleton, Topsfield, Boxford, Hamilton, Wenham, and Manchester-by-the-Sea.
Yes, that is a lot. That’s the point. This is a regional problem, and the fix looks the same: act early, use legit help, and avoid anyone selling “guarantees.”


