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

Mass. Gen. Laws ch. 183C, § 15 (2026)

Affirmative claims and defenses available; applicability

✓ current as of July 2026
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Section 15. (a) Any person who purchases or is otherwise assigned a high-cost home mortgage loan shall be subject to all affirmative claims and any defenses with respect to the loan that the borrower could assert against the original lender or broker of the loan; provided that this subsection shall not apply if the purchaser or assignee demonstrates by a preponderance of the evidence that it:

(1) has in place at the time of the purchase or assignment of the subject loans, policies that expressly prohibit its purchase or acceptance of assignment of any high-cost home mortgage loans;

(2) requires by contract that a seller or assignor of home loans to the purchaser or assignee represents and warrants to the purchaser or assignee that either (i) the seller or assignor will not sell or assign any high-cost home mortgage loans to the purchaser or assignee or (ii) that the seller or assignor is a beneficiary of a representation and warranty from a previous seller or assignor to that effect; and

(3) exercises reasonable due diligence at the time of purchase or assignment of home loans or within a reasonable period of time after the purchase or assignment of the home loans, intended by the purchaser or assignee to prevent the purchaser or assignee from purchasing or taking assignment of any high-cost home mortgage loans; provided, however, that reasonable due diligence shall provide for sampling and shall not require loan by loan review.

(b) Limited to amounts required to reduce or extinguish the borrower's liability under the high-cost home mortgage loan plus amounts required to recover costs, including reasonable attorneys' fees, a borrower acting only in an individual capacity may assert claims that the borrower could assert against a lender of the home loan against any subsequent holder or assignee of the home loan as follows:

(1) A borrower may bring an original action for a violation of this chapter in connection with the loan within 5 years of the closing of a high-cost home mortgage loan;

(2) A borrower may, at any time during the term of a high-cost home mortgage loan, employ any defense, claim, counterclaim, including a claim for a violation of this chapter, after an action to collect on the home loan or foreclose on the collateral securing the home loan has been initiated or the debt arising from the home loan has been accelerated or the home loan has become 60 days in default, or in any action to enjoin foreclosure or preserve or obtain possession of the home that secures the loan.

(c) This section shall be effective notwithstanding any other provision of law; provided, that nothing in this section shall be construed to limit the substantive rights, remedies or procedural rights available to a borrower against any lender, assignee or holder under any other law. The rights conferred on borrowers by subsections (a) and (b) are independent of each other and do not limit each other.

Notes of Decisions
Cited in 17 cases (6 in the last 5 years), 2011–2025 · 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 3× “183C, provides that “[a]ny person who purchases or is otherwise assigned a high-cost home mortgage loan shall be subject to all affirmative claims and any defenses with respect to the loan that the borrower could assert against the original lender or borrower of the loan,” G. L.…”
Rife v. One West Bank, F.S.B., 873 F.3d 17 (1st Cir. 2017). “The gist of the lower court’s decision to dismiss the chapter 183C claim was quite simple: that claim was filed outside the applicable 5-year statute of limitations, see Mass. Gen. Laws ch. 183C, § 15(b)(1), and, “because the facts underlying Rife’s claim that the loan was…”
Flores v. OneWest Bank, F.S.B., 886 F.3d 160 (1st Cir. 2018). “The plaintiffs argue that a five-year statute of limitations should apply to that claim pursuant to Mass. Gen. Laws ch. 183C, § 15(b)(1). But even aside from the fact that this argument is made for the first time on appeal, see Me.”
Serra v. Quantum Servicing, Corp., 747 F.3d 37 (1st Cir. 2014). “11; see also Mass. Gen. Laws ch. 183C, § 15(a) (“Any person who purchases or is otherwise assigned a high-cost home mortgage loan shall be subject to all affirmative claims and any defenses with respect to the loan that the borrower could assert against the original lender-”).”
Demelo v. U.S. Bank Nat'l Ass'n, 727 F.3d 117 (1st Cir. 2013). “2013) (citing Mass. Gen. Laws ch. 183C, § 15(a)). “[A]ll affirmative claims,” the SJC determined, includes not only those brought under the Predatory Home Loan Practices Act but also other consumer protection statutes.”
Da Silva v. U.S. Bank, N.A., 885 F. Supp. 2d 500 (D. Mass. 2012). “183C, § 15(b)(1) ("A borrower may bring an original action for a violation of this chapter in connection with the loan within five years of the closing of a high-cost home mortgage loan[.]”). . 15 U.S.C. § 1640 (e) ("Any action under this section may be brought in any United…”
Mae v. U.S. Bank, N.A. (In Re Mae), 460 B.R. 1 (Bankr. D. Mass. 2011). · cites it 2× “” G.L. c. 183C, § 15(a) (emphasis added). Subsection (b) of the same statute is even more direct: “a borrower acting only in an individual capacity may assert claims that the borrower could assert against a lender of the home loan against any subsequent holder or assignee of the…”
George v. Stonebridge Mortg. Co., 988 F. Supp. 2d 142 (D. Mass. 2013). · cites it 2× “See Mass. Gen. Laws ch. 183C § 15(b)(1). Plaintiffs contend that they can bring such a claim at any time after foreclosure under Mass.”
Diplomat Prop. Manager, LLC v. James a. Lozano & Another., 102 Mass. App. Ct. 57 (Mass. App. Ct. 2022). “This merger culminated in a series of cases from the Supreme Judicial Court (and this court) recognizing the broad authority of the Housing Court (among others) to hear not just challenges to the validity of the foreclosure, but to challenges to title, and other claims,…”
John W Connell v. PNC Bank (D. Mass. 2024). · cites it 6× “” M.G.L. c. 183C, § 15(b)(1–2). The five-year limitations period to challenge a high-cost mortgage loan under M.”
Adamson v. Mortg. Elec. Reg. Sys., Inc., 28 Mass. L. Rptr. 153 (Mass. Super. Ct. 2011). “In the complaint, Adamson named the following causes of action: (1) breach of the covenant of good faith and fair dealing; (2) unjust enrichment; (3) negligence; (4) the Defendants were not entitled to foreclose because MERS did not provide proof that it was the owner of the…”
DeCotis v. Specialized Loan Servicing, LLC (D. Mass. 2022). · cites it 4× “93 § 49 and 5) M.G.L. c. 183C § 15. He also makes a claim for negligence.”
Show all 17 citing cases →
— Mass. Gen. Laws ch. 183C, § 15(a) — 4 cases
Serra v. Quantum Servicing, Corp., 747 F.3d 37 (1st Cir. 2014). “11; see also Mass. Gen. Laws ch. 183C, § 15(a) (“Any person who purchases or is otherwise assigned a high-cost home mortgage loan shall be subject to all affirmative claims and any defenses with respect to the loan that the borrower could assert against the original lender-”).”
Demelo v. U.S. Bank Nat'l Ass'n, 727 F.3d 117 (1st Cir. 2013). “2013) (citing Mass. Gen. Laws ch. 183C, § 15(a)). “[A]ll affirmative claims,” the SJC determined, includes not only those brought under the Predatory Home Loan Practices Act but also other consumer protection statutes.”
Mae v. U.S. Bank, N.A. (In Re Mae), 460 B.R. 1 (Bankr. D. Mass. 2011). “” G.L. c. 183C, § 15(a) (emphasis added). Subsection (b) of the same statute is even more direct: “a borrower acting only in an individual capacity may assert claims that the borrower could assert against a lender of the home loan against any subsequent holder or assignee of the…”
Rasla v. Wells (D. Mass. 2024).
— Mass. Gen. Laws ch. 183C, § 15(b) — 2 cases
Mae v. U.S. Bank, N.A. (In Re Mae), 460 B.R. 1 (Bankr. D. Mass. 2011). “” G.L. c. 183C, § 15(a) (emphasis added). Subsection (b) of the same statute is even more direct: “a borrower acting only in an individual capacity may assert claims that the borrower could assert against a lender of the home loan against any subsequent holder or assignee of the…”
John W Connell v. PNC Bank (D. Mass. 2024). “” M.G.L. c. 183C, § 15(b)(1–2). The five-year limitations period to challenge a high-cost mortgage loan under M.”
— Mass. Gen. Laws ch. 183C, § 15(b)(1) — 6 cases
Rife v. One West Bank, F.S.B., 873 F.3d 17 (1st Cir. 2017). “The gist of the lower court’s decision to dismiss the chapter 183C claim was quite simple: that claim was filed outside the applicable 5-year statute of limitations, see Mass. Gen. Laws ch. 183C, § 15(b)(1), and, “because the facts underlying Rife’s claim that the loan was…”
Flores v. OneWest Bank, F.S.B., 886 F.3d 160 (1st Cir. 2018). “The plaintiffs argue that a five-year statute of limitations should apply to that claim pursuant to Mass. Gen. Laws ch. 183C, § 15(b)(1). But even aside from the fact that this argument is made for the first time on appeal, see Me.”
Da Silva v. U.S. Bank, N.A., 885 F. Supp. 2d 500 (D. Mass. 2012). “183C, § 15(b)(1) ("A borrower may bring an original action for a violation of this chapter in connection with the loan within five years of the closing of a high-cost home mortgage loan[.]”). . 15 U.S.C. § 1640 (e) ("Any action under this section may be brought in any United…”
George v. Stonebridge Mortg. Co., 988 F. Supp. 2d 142 (D. Mass. 2013). “See Mass. Gen. Laws ch. 183C § 15(b)(1). Plaintiffs contend that they can bring such a claim at any time after foreclosure under Mass.”
DeCotis v. Specialized Loan Servicing, LLC (D. Mass. 2022). “93 § 49 and 5) M.G.L. c. 183C § 15. He also makes a claim for negligence.”
— Mass. Gen. Laws ch. 183C, § 15(b)(2) — 5 cases
George v. Stonebridge Mortg. Co., 988 F. Supp. 2d 142 (D. Mass. 2013). “See Mass. Gen. Laws ch. 183C § 15(b)(1). Plaintiffs contend that they can bring such a claim at any time after foreclosure under Mass.”
Adamson v. Mortg. Elec. Reg. Sys., Inc., 28 Mass. L. Rptr. 153 (Mass. Super. Ct. 2011). “In the complaint, Adamson named the following causes of action: (1) breach of the covenant of good faith and fair dealing; (2) unjust enrichment; (3) negligence; (4) the Defendants were not entitled to foreclose because MERS did not provide proof that it was the owner of the…”
John W Connell v. PNC Bank (D. Mass. 2024). “” M.G.L. c. 183C, § 15(b)(1–2). The five-year limitations period to challenge a high-cost mortgage loan under M.”
Taslis v. U.S. Bank NA (D. Mass. 2024).
Adamson v. Mortg. Elec. Reg. Sys., Inc., 29 Mass. L. Rptr. 33 (Mass. Super. Ct. 2011).
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