To foreclose on a mortgage in Massachusetts, one must publish a Notice of Sale 21 days before the foreclosure sale – and that does not include the date of the sale or auction itself.
In Raymond v. Real Time Resols., Inc., No. CV 25-10209-BEM, (D. Mass. Mar. 21, 2025), the federal district court granted a preliminary injunction under G.L. c. 244, § 14 to a plaintiff seeking to stop a foreclosure because the Notice of Sale was published only 20 days before the auction date. Defendants argued that the first notice was, indeed, published 21 days prior on November 7, 2024, but the Court noted that publishing on November 7 only provided 20 days’ notice before the November 27, 2024 auction date. The Court reiterated that the date of the auction is excluded from the date calculation. The Notice of Sale requires not only 21 days’ notice in a local newspaper, but an additional two notices successively posted each week until the sale. G.L. c. 244, § 14.
As the District Court noted, the issuance of a preliminary injunction is an “extraordinary and drastic” remedy. The effect of the grant of a preliminary injunction is that the plaintiff is able to continue to reside in her home. It does not stop the foreclosure from ever happening, however, but it does make it more difficult. The defendant must obtain leave of court and perfect the Notice of Sale – this time, counting correctly.
Banking, Mortgage, Foreclosure, Preliminary Injunction