Massachusetts General Laws

Mass. Gen. Laws ch. 183, § 27 (2026)

Disposition of proceeds of foreclosure sale; itemized accounting provided to mortgagor

✓ current as of July 2026

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Section 27. The holder of a mortgage of real estate, or his representatives, out of the money arising from a sale under the power of sale shall be entitled to retain all sums then secured by the mortgage, whether then or thereafter payable, including all costs, charges or expenses incurred or sustained by him or them by reason of any default in the performance or observance of the condition of the mortgage or of any prior mortgage, rendering the surplus, if any, to the mortgagor, or his heirs, successors or assigns, unless otherwise stated in the mortgage. No person other than the holder of the mortgage shall be bound to see to the application of the money arising from such sale.

The holder of a mortgage of real estate, or the holder's representatives, shall provide to the mortgagor or the mortgagor's heirs, successors or assigns a written notice containing an itemized accounting of the disposition of the proceeds arising from a sale under the power of sale including, but not limited to, the sale price, legal fees, auctioneer fees, publication costs and other fees, and any surplus due to the mortgagor, within 60 days after the receipt of such funds provided, that if such sale is subject to further legal proceedings, such accounting shall be stayed until the conclusion of such proceedings.

Notes of Decisions

Cited in 24 cases (1 in the last 5 years), 1926–2024 · leading case: Sovereign Bank v. Sturgis, 863 F. Supp. 2d 75 (D. Mass. 2012).

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Sovereign Bank v. Sturgis, 863 F. Supp. 2d 75 (D. Mass. 2012). · cites it 22× “244, § 17B, the Massachusetts statute requiring notice to the mortgagor prior to pursuing a deficiency action; or G.L. c. 183, § 27, the Massachusetts statute requiring a post-foreclosure notice of accounting.”

Duclersaint v. Fed. Nat'l Mortg. Ass'n, 696 N.E.2d 536 (Mass. 1998). · cites it 4× “Duclersaint, appeals from the award of summary judgment in favor of the defendant, Federal National Mortgage Association, on his complaint in which he sought a judgment against the defendant under the provisions of G. L. c. 183, § 27, for failure to pay the surplus generated…”

Murphy v. Wachovia Bank of Delaware, N.A., 36 N.E.3d 48 (Mass. App. Ct. 2015). · cites it 5× “By the time of trial, various theories of recovery had been rejected on summary judgment, and the only live issue was whether Wachovia had deprived Thorpe of his legal right to the funds disbursed to Wells Fargo, in violation of G. L. c. 183, § 27, and the terms of the mortgage.”

Flores v. OneWest Bank, F.S.B., 172 F. Supp. 3d 391 (D. Mass. 2016). · cites it 2× “See Mass. Gen. Laws. ch. 183, § 27. ' . As the court has noted, plaintiffs have a remedy at law provided by Mass.”

Akar ex rel. Akar v. Fed. Nat'l Mortg. Ass'n, 845 F. Supp. 2d 381 (D. Mass. 2012). · cites it 2× “. "FM Mem.” refers to "Federal National Mortgage Association a/k/a Fannie Mae’s Memorandum of Law in Support of Its Motion for Judgment on the Pleadings” (Docket No.”

First Colonial Bank for Sav. v. Bergeron, 646 N.E.2d 758 (Mass. App. Ct. 1995). “” The junior mortgagee, of course, is considered to be a successor or assignee of the mortgagor, and therefore is entitled to surplus proceeds under the statute.”

United Bank v. Mani, 959 N.E.2d 452 (Mass. App. Ct. 2011). · cites it 4× “The controlling statute, G. L. c. 183, § 27, obliges the mortgagee to pay any surplus, after satisfaction of the debt and the mortgagee’s expenses, to “the mortgagor.”

City Inst. for Sav. v. Kelil, 159 N.E. 731 (Mass. 1928). “” The defendant makes no assertion that the mortgage did not contain a power of sale, and by G. L. c. 183, § 27, a mortgagee foreclosing thereunder “shall be entitled to retain all sums then secured by the mortgage, whether then or thereafter payable, including all costs,…”

Iag Fed. Credit Union v. Laterman, 661 N.E.2d 945 (Mass. App. Ct. 1996). “G. L. c. 183, § 27. Once that was done, the action was converted to one to collect the deficiency remaining on the note after the foreclosure sale.”

Baybank Middlesex v. Elec. Fabricators, Inc., 751 F. Supp. 304 (D. Mass. 1990). “22, Mass. Gen.Laws ch. 183, § 27, and Mass.Gen.”

Lam v. PNC Mortg., 130 F. Supp. 3d 429 (D. Mass. 2015). “”) (citing Mass. Gen. Laws ch. 183, § 27 ). As a result, the motion is ALLOWED on this count, E.”

RFF Fam. P'ship, LP v. Link Dev., LLC, 907 F. Supp. 2d 155 (D. Mass. 2012). “RFF claims it is still entitled to a deficiency judgment under Count V based upon the broad language of M.G.L. c. 183 § 27, governing proceeds of foreclosure, which entitles the foreclosing party to “retain all sums then secured by the mortgage.”

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