Mass. Gen. Laws » Part III Title II Chapter 236
Massachusetts General Laws

Mass. Gen. Laws ch. 236, § 28 (2026)

Notice of sale

✓ current as of July 2026
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Section 28. The officer, thirty days at least before the sale, shall deliver to the debtor, if found within his precinct, a written notice of the time and place of sale and shall post such a notice in a public place in the town where the land lies and also in two adjoining towns, if there are so many in the county. The officer shall also publish such a notice once in each of three successive weeks, the first publication to be not less than twenty-one days before the day of sale, in a newspaper published in the town where the land lies.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1930–2024 · leading case: Teschke v. Keller, 650 N.E.2d 1279 (Mass. App. Ct. 1995).
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Teschke v. Keller, 650 N.E.2d 1279 (Mass. App. Ct. 1995). · cites it 4× “7 Notice of the sale had been delivered to Marita, posted in public places in Newton, Watertown and Waltham and published in the Newton Graphic pursuant to G. L. c. 236, § 28. 8 The notice *630 indicated that sale was to be held at the deputy sheriff’s office.”
Ellis v. Lyford, 169 N.E. 800 (Mass. 1930). “” G. L. c. 236, § 28, provides, in part, that before a sale on execution shall be made the officer shall publish a notice of the time and place of sale “once in each of three successive weeks, the first publication to be not less than twenty-one days before the day of sale, in a…”
ZipBy USA LLC v. Parzych (D. Mass. 2024). “235, § 34A and M.G.L. c. 236, § 28 are exempt from attachment.”
Bahnan v. PHNB Realty, Inc., 4 Mass. L. Rptr. 584 (Mass. Super. Ct. 1996). · cites it 2× “On June 2, 1993, Bahnan followed the notice requirements of G.L.c. 236, §28 by providing actual notice to the debtor, PHNB, and by properly publishing and posting notice of the impending sale.”
Harvard 45 Assocs., LLC v. Bishay, 2015 Mass. App. Div. 20 (Mass. Dist. Ct., App. Div. 2015). “We understand that the issue on which Bishay grounded the motion to “reopen” the case was the sheriffs sale of the Westwood property in 2004, and, specifically, the claim that the notices for the sale, required by G.L.c. 236, §28, were defective since they were not published in…”
Bahnan v. PHNB Realty, Inc., 719 N.E.2d 518 (Mass. App. Ct. 1999). “627 (1995), held that a sheriff’s sale conducted pursuant to G. L. c. 236, § 28, without actual notice to a junior mortgagee violated its due process rights afforded by the Fourteenth Amendment to the United States Constitution.”
Foley v. Graybar Elec. Co., 6 Mass. L. Rptr. 67 (Mass. Super. Ct. 1996). “The plaintiffs have also raised a violation of G.L.c. 236, §28, in not complying with the publishing requirements of said §28.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.