Massachusetts General Laws

Mass. Gen. Laws ch. 235, § 39 (2026)

Adjournment of sale; notice

✓ current as of July 2026

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Section 39. If, at the time appointed for the sale, the officer considers it for the interest of all persons concerned to postpone it, he may adjourn it for not more than seven days, and so from time to time until the sale is completed; giving notice of every such adjournment by a public declaration thereof at the time and place previously appointed for the sale.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1979–2021 · leading case: Slive & Hanna, Inc. v. Massachusetts Comm'n Against Discrimination & Another., 178 N.E.3d 407 (Mass. App. Ct. 2021).

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Slive & Hanna, Inc. v. Massachusetts Comm'n Against Discrimination & Another., 178 N.E.3d 407 (Mass. App. Ct. 2021). “235, § 36, or the auction is postponed "for the interest of all persons concerned," G. L. c. 235, § 39. The officer must give notice of the time and place of the sale by posting notices in a public place in the municipality where the sale is taking place or by publishing the…”

Bertonazzi v. Mechanics Nat'l Bank, 390 N.E.2d 260 (Mass. App. Ct. 1979). “299, 304 (1960), decided under the identically worded provisions of G. L. c. 235, § 39. The judgment is reversed, and the case is remanded to the Superior Court for further proceedings.”

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