Massachusetts General Laws

Mass. Gen. Laws ch. 183A, § 22 (2026)

Foreclosure of condominium development; liability of lender and developer

✓ current as of July 2026

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Section 22. In the event of a foreclosure upon a condominium development, the lender taking over the project shall succeed to any obligations the developer has with the unit owners and to the tenants, except that the developers shall remain liable for any misrepresentation already made and for warranties on work done prior to the transfer.

Notes of Decisions

Cited in 3 cases, 1996–2012 · leading case: Back Bay Spas, Inc. v. 441 Stuart Mktg., LLC, 688 F.3d 61 (1st Cir. 2012).

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Back Bay Spas, Inc. v. 441 Stuart Mktg., LLC, 688 F.3d 61 (1st Cir. 2012). · cites it 3× “It concluded that a Massachusetts statute imposing obligations on lenders taking over condominium developments after a foreclosure was inapplicable, see Mass. Gen. Laws ch. 183A, § 22, and it rejected Back Bay’s claim that it was entitled to specific performance because the Bank…”

Moloney v. Boston Five Cents Sav. Bank FSB, 422 Mass. 431 (Mass. 1996). · cites it 4× “A Superior Court judge heard the case on the agreed facts and the stipulation of the parties that liability shall be determined solely on the applicability of G. L. c. 183A, § 22 (1994 ed.), which reads: 4 “In the event of a foreclosure upon a condominium development, the lender…”

Arthaud v. Brignati, 10 Mass. L. Rptr. 403 (Mass. Super. Ct. 1999). · cites it 4× “On April 8, 1998, the plaintiffs filed this action, alleging negligence by the Developers (Count I), breach of implied warraniy by the Developers (Count II), misrepresentations by the Developers (Count III), breach of fiduciary duty by Brignati and Carpinteri individually (Count…”

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