Mass. Gen. Laws » Part II Title I Chapter 183
Massachusetts General Laws

Mass. Gen. Laws ch. 183, § 28C (2026)

Refinancing in the borrower's interest

✓ current as of July 2026
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Section 28C. (a) A lender shall not knowingly make a home loan if the home loan pays off all or part of an existing home loan that was consummated within the prior 60 months or other debt of the borrower, unless the refinancing is in the borrower's interest. The ''borrower's interest'' standard shall be narrowly construed, and the burden is upon the lender to determine and to demonstrate that the refinancing is in the borrower's interest.

Factors to be considered in determining if the refinancing is in the borrower's interest include but are not limited to:—

(1) the borrower's new monthly payment is lower than the total of all monthly obligations being financed, taking into account the costs and fees;

(2) there is a change in the amortization period of the new loan;

(3) the borrower receives cash in excess of the costs and fees of refinancing;

(4) the borrower's note rate of interest is reduced;

(5) there is a change from an adjustable to a fixed rate loan, taking into account costs and fees; or

(6) the refinancing is necessary to respond to a bona fide personal need or an order of a court of competent jurisdiction.

(b) Notwithstanding any provision to the contrary contained in this chapter regarding costs and attorneys' fees, in any action instituted by a borrower who alleges that the defendant violated subsection (a), the borrower shall not be entitled to costs and attorneys' fees if the presiding judge, in the judge's discretion, finds that, before the institution of the action by the borrower, the lender made a reasonable offer to cure and that offer was rejected by the borrower.

(c) The commissioner of banks may prescribe from time to time such rules and regulations as may be necessary or proper in carrying out this section. Such rules and regulations may contain such factors, classifications, differentiations or other provisions, and may provide for such adjustments and exceptions for any class of transactions as, in the judgment of the commissioner, are necessary or proper to carry out this section, to prevent circumvention or evasion thereof or to facilitate compliance therewith.

Notes of Decisions
Cited in 13 cases, 2008–2018 · leading case: Drakopoulos v. U.S. Bank Nat'l Ass'n, 465 Mass. 775 (Mass. 2013).
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Drakopoulos v. U.S. Bank Nat'l Ass'n, 465 Mass. 775 (Mass. 2013). · cites it 6× “93A; and the Borrower’s Interest Act, G. L. c. 183, § 28C. The plaintiffs also asserted that the loan was unenforceable because it was unconscionable, and they sought damages and rescission for predatory lending practices.”
Laudani v. Tribeca Lending Corp. (In Re Laudani), 401 B.R. 9 (Bankr. D. Mass. 2009). · cites it 5× “” Pursuant to Mass. Gen. Laws ch. 183, § 28C, (a) A lender shall not knowingly make a home loan if the home loan pays off all or part of an existing home loan that was consummated within the prior 60 months or other debt of the borrower, unless the refinancing is in the…”
DiMare v. Ameriquest Mortg. Co. (In re DiMare), 462 B.R. 283 (Bankr. D. Mass. 2011). · cites it 8× “78 In Count IV, the Debtor argues that the Option One loan was not in her interest within the meaning of Mass. Gen. Laws ch. 183, § 28C. In support, she cites the fact that she did not receive cash out of the transaction in excess of the closing fees, there was no change in the…”
Flores v. OneWest Bank, F.S.B., 172 F. Supp. 3d 391 (D. Mass. 2016). · cites it 3× “244, § 35A; (3) violation of Mass. Gen. Laws ch. 183, § 28C; (4) violation of Mass.”
Fernandes v. U.S. Bank, N.A. (In Re Fernandes), 446 B.R. 6 (Bankr. D. Mass. 2011). · cites it 4× “183, § 28C Count VII seeks relief for violation of Massachusetts G.L. c. 183, § 28C, which prohibits lenders from making home refinancing loans that are not in the borrower’s interest.”
Demelo v. U.S. Bank Nat'l Ass'n, 727 F.3d 117 (1st Cir. 2013). “Specifically, they maintain that the loan violated the Borrower’s Interest Act, see Mass. Gen. Laws ch. 183, § 28C; that it violated the Predatory' Home Loan Practices Act, see.”
Povah v. Hansbury & Finn, Inc. (In Re Povah), 455 B.R. 328 (Bankr. D. Mass. 2011). “183C; Count II: Violation of G.L. c. 183, § 28C and 209 C.M.R. § 53.01 et seq.”
In Re Noyes, 382 B.R. 561 (Bankr. D. Mass. 2008). · cites it 5× “During the hearing, however, Roache testified that the transaction with Tribeca was exempt from Mass. Gen. Laws. ch. 183, § 28C, which provides that “a lender shall not knowingly make a loan that pays off all or part of an existing home loan that was consummated within the prior…”
Sheedy v. Deutsche Bank Nat'l Trust Co. (In re Sheedy), 480 B.R. 204 (Bankr. D. Mass. 2012). “The Debtor references the Borrower's Interest statute, Mass. Gen. Laws ch. 183 § 28C in support of her Chapter 93 A claim.”
Massachusetts v. Sohmer (In Re Sohmer), 388 B.R. 448 (Bankr. D. Mass. 2008). “93A through Violations of Massachusetts and Federal Law Applicable to High Cost Mortgage Loans, G.L. c. 183, § 28C, 209 C.M.R. §§ 32.2 & 32.”
Powell v. Ocwen Loan Servicing, LLC, 29 Mass. L. Rptr. 366 (Mass. Super. Ct. 2012). · cites it 4× “183C, Massachusetts Predatory Home Loan Practices Act and G.L.c. 183, §28C.) The Powells assert two distinct theories of recovery under this count: (1) violation of the MPHLPA, G.”
Darden v. Noyes, 27 Mass. L. Rptr. 448 (Mass. Super. Ct. 2010). “The reference to federal law is not in relation to the Act, but rather to G.L.c. 183, §28C, which Chapter 268 of the Acts of 2004 amended.”
Show all 13 citing cases →
— Mass. Gen. Laws ch. 183, § 28C(a) — 1 case
DiMare v. Ameriquest Mortg. Co. (In re DiMare), 462 B.R. 283 (Bankr. D. Mass. 2011). “78 In Count IV, the Debtor argues that the Option One loan was not in her interest within the meaning of Mass. Gen. Laws ch. 183, § 28C. In support, she cites the fact that she did not receive cash out of the transaction in excess of the closing fees, there was no change in the…”
— Mass. Gen. Laws ch. 183, § 28C(b) — 2 cases
Laudani v. Tribeca Lending Corp. (In Re Laudani), 401 B.R. 9 (Bankr. D. Mass. 2009). “” Pursuant to Mass. Gen. Laws ch. 183, § 28C, (a) A lender shall not knowingly make a home loan if the home loan pays off all or part of an existing home loan that was consummated within the prior 60 months or other debt of the borrower, unless the refinancing is in the…”
DiMare v. Ameriquest Mortg. Co. (In re DiMare), 462 B.R. 283 (Bankr. D. Mass. 2011). “78 In Count IV, the Debtor argues that the Option One loan was not in her interest within the meaning of Mass. Gen. Laws ch. 183, § 28C. In support, she cites the fact that she did not receive cash out of the transaction in excess of the closing fees, there was no change in the…”
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