Mass. Gen. Laws » Part II Title I Chapter 184
Massachusetts General Laws

Mass. Gen. Laws ch. 184, § 17B (2026)

Mortgage loan application; real estate consisting of a certain dwelling house; required statements and information

✓ current as of July 2026
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Section 17B. Every application for a mortgage loan on 1–to–4–family residential property and occupied or to be occupied in whole or in part by the obligor on the mortgage debt shall be made on a printed form which shall contain the following 2 statements in type of at least 2 points larger than the other type used on the application:

(1) The responsibility of the attorney for the mortgagee is to protect the interest of the mortgagee.

(2) Mortgagors may, at their own expense, engage an attorney of their selection to represent their interests in the transaction.

A printed copy of the above statements shall be given to the mortgagor at the time of making the application.

Notes of Decisions
Cited in 8 cases, 1975–2015 · leading case: Deutsche Bank Nat'l Trust Co. v. Fitchburg Capital, LLC, 28 N.E.3d 416 (Mass. 2015).
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Deutsche Bank Nat'l Trust Co. v. Fitchburg Capital, LLC, 28 N.E.3d 416 (Mass. 2015). “Sections 4A and 4B of the act updated the disclosures required during the mortgage application process by amending G. L. c. 184, § 17B, and repealing G. L. c.”
In the Matter of Saab, 547 N.E.2d 919 (Mass. 1989). “3 The respondent never furnished a statement to Gilchrist, as was required by G. L. c. 184, § 17B, indicating that his responsibility as attorney for the mortgagee (Karam) was to protect Karam’s interests, not hers, and that she might wish to retain an attorney of her own to…”
Lawrence Sav. Bank v. Levenson, 797 N.E.2d 485 (Mass. App. Ct. 2003). “No attorney-client relationship is established between the bank and the borrower in these circumstances, a fact that must be made explicit to certain borrowers, see G. L. c. 184, § 17B. Here, members of the defendants’ firm had represented Allen since before his becoming…”
Harris v. Magri, 656 N.E.2d 585 (Mass. App. Ct. 1995). “The analogy fails because the defendant neither gave the type of notice required by G. L. c. 184, § 17B, nor did anything which reasonably could be construed as dissuading the plaintiffs from believing that they had retained the defendant to represent them.”
Coburn v. Gould, 338 N.E.2d 852 (Mass. App. Ct. 1975). “The remaining allegation, that the corporate defendant “failed to comply with the requirements of G. L. c. 184, § 17B [as amended through St.”
Khan v. Dime Sav. Bank of New York, FSB, 1 Mass. L. Rptr. 339 (Mass. Super. Ct. 1993). · cites it 4× “183, §63 (Count II); violation of G.L.c. 184, §17B (Count III); breach of contract (Counts IV, V); misrepresentation (Count VI); fraud (Count VII); and violation of G.”
TD Banknorth, N.A. v. Babineau, 27 Mass. L. Rptr. 155 (Mass. Super. Ct. 2010). · cites it 2× “In connection with the closing, the Babineaus acknowledged receipt of a form containing the following disclosure required by G.L.c. 184, §17B: 1. The responsibility of the attorney for the Mortgagee is to protect the interest of the Mortgagee.”
Mercuri v. Newhouse, 26 Mass. L. Rptr. 535 (Mass. Super. Ct. 2009). “Mercuri signed a disclosure notice pursuant to G.L.c. 184, §17B, which provides “[t]he responsibility of the attorney for the Lender is to protect the interest of the Lender.”
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