Massachusetts General Laws

Mass. Gen. Laws ch. 140, § 90B (2026)

Home mortgages; application of consumer credit cost disclosure provisions; prerequisites to foreclosure

✓ current as of July 2026
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Section 90B. A transaction subject to the provisions of section ninety A shall also be subject to the provisions of chapter one hundred and forty D. A lender subject to the provisions of said section ninety A shall also be subject to the provisions of said chapter one hundred and forty D and, in the event of a conflict between the provisions of said section ninety A and said chapter one hundred and forty D, the provisions of said chapter one hundred and forty D shall control.

If the borrower or his authorized representative requests, by registered mail, the lender to furnish him a copy of the note, the lender shall within fifteen days after receipt of said request, send by registered mail a true copy of said note to the person requesting the same at the address specified in such request. At least fifteen days prior to the commencement of any foreclosure proceedings the lender shall send to the borrower by registered mail a statement of his intention to foreclose which shall specify the amount of principal, interest and other indebtedness, if any, owing and accruing under the note and mortgage. Failure by the lender to comply with the provisions of this paragraph shall suspend his rights until such time as he complies with said provisions.

Notes of Decisions
Cited in 3 cases, 1966–1994 · leading case: Williams v. Resolution GGF Oy, 630 N.E.2d 581 (Mass. 1994).
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Williams v. Resolution GGF Oy, 630 N.E.2d 581 (Mass. 1994). · cites it 4× “(e) Prior to the foreclosure, the defendant's attorney also sent a notice of intent to foreclose pursuant to G.L.c. 140, § 90B (1992 ed.). That notice, however, was sent to 22 Bradlee Street, not to the new addresses provided to the defendant by Huggins.”
In Re Rolfe, 25 B.R. 89 (Bankr. D. Mass. 1982). “Further, I have already found that the arrearage interest should be void as a penalty and therefore, I would find that the mortgage does not violate the provisions of Mass.Gen.Laws ch. 140 § 90A. The debtors also argue that the note and mortgage violate Mass.”
Pollan v. Hoffman, 213 N.E.2d 406 (Mass. 1966). “” See G. L. c. 140, § 90B (inserted by St. 1959, c.”
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