Massachusetts General Laws

Mass. Gen. Laws ch. 244, § 1 (2026)

Foreclosure by entry or action; continued possession

✓ current as of July 2026

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Section 1. A mortgagee may, after breach of condition of a mortgage of land, recover possession of the land mortgaged by an open and peaceable entry thereon, if not opposed by the mortgagor or other person claiming it, or by action under this chapter; and possession so obtained, if continued peaceably for three years from the date of recording of the memorandum or certificate as provided in section two, shall forever foreclose the right of redemption.

Notes of Decisions

Cited in 41 cases (3 in the last 5 years), 1922–2024 · leading case: In Re Prichard Plaza Assocs. Ltd. P'ship, 84 B.R. 289 (Bankr. D. Mass. 1988).

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In Re Prichard Plaza Assocs. Ltd. P'ship, 84 B.R. 289 (Bankr. D. Mass. 1988). · cites it 5× “” The Bank has not made entry on the property under Mass.Gen.L. ch. 244, §§ 1, 2. It did schedule an auction sale of the property for November 24, 1987.”

US Bank Nat'l Ass'n v. Ibanez, 941 N.E.2d 40 (Mass. 2011). · cites it 2× “[15] An alternative to foreclosure through the right of statutory sale is foreclosure by entry, by which a mortgage holder who peaceably enters a property and remains for three years after recording a certificate or memorandum of entry forecloses the mortgagor's right of…”

Negron v. Gordon, 366 N.E.2d 241 (Mass. 1977). · cites it 3× “The bank neither made entry to foreclose the mortgage under G. L. c. 244, § 1, nor had it commenced foreclosure proceedings under the power of sale as authorized by G.”

Araserv, Inc. v. Bay State Harness Horse Racing & Breeding Ass'n, 437 F. Supp. 1083 (D. Mass. 1977). · cites it 4× “However, M.G.L. c. 244 § 1 provides that: Foreclosure by entry or action; continued possession.”

Hull v. Attleboro Sav. Bank, 596 N.E.2d 358 (Mass. App. Ct. 1992). · cites it 2× “11 The bank commenced foreclosure by entry and possession on August 25, 1982, in accordance with G. L. c. 244, §§ 1 & 2. Such a foreclosure is perfected after three years of peaceful possession.”

Santiago v. Alba Mgmt., Inc., 928 N.E.2d 359 (Mass. App. Ct. 2010). · cites it 4× “See G. L. c. 244, §§ 1,2. When a proper memorandum or certificate is filed, the mortgagor’s failure to redeem within the three years “shall forever foreclose the right of redemption.”

In Re Ledgemere Land Corp., 116 B.R. 338 (Bankr. D. Mass. 1990). · cites it 4× “and possession so obtained, if continued peaceably for three years .”

City of Worcester v. AME Realty Corp., 928 N.E.2d 656 (Mass. App. Ct. 2010). · cites it 3× “On or before March 30, 1992, mortgagee JRS Holdings Corporation (JRS) pursuant to G. L. c. 244, §§ 1 and 2, made an open, peaceable, unopposed entry onto the property for breach of mortgage conditions and recorded its certificate of entry.”

Seppala & Aho Constr. Co. v. Petersen, 367 N.E.2d 613 (Mass. 1977). · cites it 2× “By G. L. c. 244, § 1, “[a] mortgagee may, after breach of condition of a mortgage of land, recover possession of *322 the land mortgaged by an open and peaceable entry thereon.”

Bevilacqua v. Rodriguez, 955 N.E.2d 884 (Mass. 2011). “See G. L. c. 244, §§ 1, 2; Joyner v. Lenox Sav.”

Wornat Dev. Corp. v. Vakalis, 529 N.E.2d 1329 (Mass. 1988). · cites it 3× “The distinction the Legislature preserved between mortgages foreclosed under a power of sale and those foreclosed by some other method is a rational one. In Massachusetts, two primary foreclosure methods exist: foreclosure under a power of sale, G.”

Silva v. Commonwealth of Massachusetts, 351 F. App'x 450 (1st Cir. 2009). “After the expiration of the three-year redemption period that followed the foreclosure, see Mass. Gen. Laws ch. 244, § 1 , Pellegrini filed an action in the Massachusetts Land Court, on September 22, 2003, seeking to remove any cloud on her title to 24 Clifford Street.”

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