Massachusetts General Laws

Mass. Gen. Laws ch. 183, § 21 (2026)

''Statutory power of sale'' in mortgage

✓ current as of July 2026

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Section 21. The following ''power'' shall be known as the ''Statutory Power of Sale'', and may be incorporated in any mortgage by reference:

(POWER.)

But upon any default in the performance or observance of the foregoing or other condition, the mortgagee or his executors, administrators, successors or assigns may sell the mortgaged premises or such portion thereof as may remain subject to the mortgage in case of any partial release thereof, either as a whole or in parcels, together with all improvements that may be thereon, by public auction on or near the premises then subject to the mortgage, or, if more than one parcel is then subject thereto, on or near one of said parcels, or at such place as may be designated for that purpose in the mortgage, first complying with the terms of the mortgage and with the statutes relating to the foreclosure of mortgages by the exercise of a power of sale, and may convey the same by proper deed or deeds to the purchaser or purchasers absolutely and in fee simple; and such sale shall forever bar the mortgagor and all persons claiming under him from all right and interest in the mortgaged premises, whether at law or in equity.

Notes of Decisions

Cited in 120 cases (24 in the last 5 years), 1923–2026 · leading case: US Bank Nat'l Ass'n v. Ibanez, 941 N.E.2d 40 (Mass. 2011).

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US Bank Nat'l Ass'n v. Ibanez, 941 N.E.2d 40 (Mass. 2011). · cites it 22× “See G. L. c. 183, § 21; G. L. c. 244, § 14. With the exception of the limited judicial procedure aimed at certifying that the mortgagor is not a beneficiary of the Servicemembers Act, a mortgage holder can foreclose on a property, as the plaintiffs did here, by exercise of the…”

Pinti v. Emigrant Mortg. Co., Inc., 33 N.E.3d 1213 (Mass. 2015). · cites it 17× “They reason that under this court's decisions, compliance with the terms of the mortgage describing the steps that lead up to foreclosure, beginning with the notice of default provision spelled out in paragraph 22, is a necessary component of the power of sale provided in the…”

Eaton v. Fed. Nat'l Mortg. Ass'n, 969 N.E.2d 1118 (Mass. 2012). · cites it 7× “A foreclosure sale conducted pursuant to a power of sale in a mortgage must comply with all applicable statutory provisions, including in particular G. L. c. 183, § 21, and G. L. c. 244, § 14.”

U.S. Bank Nat'l Ass'n v. Schumacher, 467 Mass. 421 (Mass. 2014). · cites it 8× “*429 Here, the issue presented by Schumacher is not that the bank failed to acquire legal title to the property in strict accordance with the power of sale as set out in G. L. c. 183, § 21, and further regulated by G.”

Culhane v. Aurora Loan Servs. of Nebras, 708 F.3d 282 (1st Cir. 2013). · cites it 5× “See Mass. Gen. Laws ch. 183, § 21 ; id. ch. 244, § 14.”

Sullivan v. Bank of New York Mellon Corp., 91 F. Supp. 3d 154 (D. Mass. 2015). · cites it 20× ““Section 21 provides, however, that for a foreclosure sale pursuant to the power to be valid, the mortgagee must ‘first eomply[ ] with the terms of the mortgage and with the statutes relating to the foreclosure of mortgages by the exercise of a power of sale.’ ” Id. (quoting…”

Galiastro v. Mortg. Elec. Reg. Sys., Inc., 467 Mass. 160 (Mass. 2014). · cites it 6× “3 We held in Eaton that a foreclosure by power of sale pursuant to G. L. c. 183, § 21, and G. L. c. 244, §§ 11-17C, is invalid unless a foreclosing party holds the mortgage and also either holds the underlying mortgage note or acts on behalf of the note holder.”

Fed. Nat'l Mortg. Ass'n v. Marroquin, 74 N.E.3d 592 (Mass. 2017). · cites it 4× “226, 221, 232 (2015), we held that a foreclosure by statutory power of sale pursuant to G. L. c. 183, § 21, and G. L. c. 244, §§ 11-17C, is in *83 valid unless the notice of default strictly complies with paragraph 22 of the standard mortgage, which informs the mortgagor of,…”

Galvin v. U.S. Bank, N.A., 852 F.3d 146 (1st Cir. 2017). · cites it 2× “See Mass. Gen. Laws ch. 183, § 21 ; Mass. Gen.”

Paiva v. Bank of New York Mellon, 120 F. Supp. 3d 7 (D. Mass. 2015). · cites it 8× “the mortgage,” G.L. c. 183, § 21. Controlling case law requires strict compliance with paragraph 22 of the mortgage, apd Paiva argues that this standard was not satisfied by the loan servi-cer’s sending of the notice of default.”

Fed. Nat'l Mortg. Ass'n v. Rego, 50 N.E.3d 419 (Mass. 2016). · cites it 2× “5 The requirements for a “statutory power of sale,” set forth in G. L. c. 183, § 21, provide that “if a mortgage provides for a power of sale, the mortgagee, in exercising the power, may foreclose without obtaining prior judicial authorization ‘upon any default in the…”

Sovereign Bank v. Sturgis, 863 F. Supp. 2d 75 (D. Mass. 2012). · cites it 4× “first complying with the terms of the mortgage and with the statutes relating to the foreclosure of mortgages by the exercise of a power of sale----” G.L. c. 183, § 21 (emphasis added). The Supreme Judicial Court has further defined the “statutes relating to the foreclosure of…”

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