Massachusetts General Laws

Mass. Gen. Laws ch. 183, § 63 (2026)

Loan fees; residential property mortgages; disclosure

✓ current as of July 2026

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Section 63. A mortgagee, or a mortgage lender or mortgage broker as defined in section one of chapter two hundred and fifty-five E, shall not charge a loan fee, finder's fee, points, so-called, or similar fees in a mortgage transaction involving residential property located in the commonwealth of four or less units and occupied in whole or in part by the mortgagor, except to the extent that such fees or points have been previously disclosed to the mortgagor in writing, which disclosure may be in the form required by section seventeen D of chapter one hundred and eighty-four, or such other form which discloses said fees or points. A mortgagor shall not be obligated to pay fees or points which have not been previously disclosed as required herein. Nothing contained in this section shall limit a mortgagor's ability to obtain from such mortgagee, mortgage lender or mortgage broker a temporary or permanent interest rate buydown.

Notes of Decisions

Cited in 5 cases, 1993–2013 · leading case: United Companies Lending Corp. v. Sargeant, 20 F. Supp. 2d 192 (D. Mass. 1998).

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United Companies Lending Corp. v. Sargeant, 20 F. Supp. 2d 192 (D. Mass. 1998). · cites it 8× “, and 2) from making any mortgage loans in violation of Mass. Gen. Laws ch. 183, § 63 . A preliminary injunction issued in that case on January 24, 1997, prohibiting United from taking any further action in foreclosing on Sar-geant’s property and requiring it to notify the…”

Deutsche Bank Nat'l Ass'n v. First Am. Title Ins., 465 Mass. 741 (Mass. 2013). “7 Her complaint asserts claims for misrepresentation; unconscionability; breach of the duty of good faith and fair dealing; tortious interference with contract; violations of G. L. c. 183, § 63; legal malpractice; intentional infliction of emotional distress; and violations of G.”

United Companies Lending Corp. v. Sargeant, 32 F. Supp. 2d 21 (D. Mass. 1999). “93A, § 2(a) and the disclosure requirements of Mass.Gen.Laws ch. 183, § 63. See id. In addition to awarding actual damages of $4,150.”

Mayo v. Key Fin. Servs., Inc., 2 Mass. L. Rptr. 269 (Mass. Super. Ct. 1994). · cites it 7× “As to Count III, the plaintiffs assert that the points they were charged on the loans were excessive in violation of G.L.c. 183, §63, and they seek restitution from the defendants of the allegedly excessive points.”

Khan v. Dime Sav. Bank of New York, FSB, 1 Mass. L. Rptr. 339 (Mass. Super. Ct. 1993). · cites it 4× “140D, §10 (Count I); violation of G.L.c. 183, §63 (Count II); violation of G.”

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