Massachusetts General Laws

Mass. Gen. Laws ch. 244, § 11 (2026)

Mortgages containing power of sale; court order for sale

✓ current as of July 2026

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Section 11. If a conditional judgment has been entered upon a mortgage containing a power of sale, the court shall, instead of issuing a writ of possession, at the request of the plaintiff order the property to be sold pursuant to such power. The plaintiff shall thereupon execute the power and do all things required by it or by the court.

Notes of Decisions

Cited in 11 cases (3 in the last 5 years), 1981–2024 · leading case: Galvin v. U.S. Bank, N.A., 852 F.3d 146 (1st Cir. 2017).

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Galvin v. U.S. Bank, N.A., 852 F.3d 146 (1st Cir. 2017). “183, § 21 ; Mass. Gen. Laws ch. 244, §§ 11 -17C; Pinti v.”

Bank of New York Mellon Corp. v. Wain, 11 N.E.3d 633 (Mass. App. Ct. 2014). “That same day, the bank also filed a mortgagee’s affidavit with the Land Court (see G. L. c. 244, § 11, inserted by St. 2007, c.”

Prop. Acquisition Grp., LLC v. Ivester, 122 N.E.3d 10 (Mass. App. Ct. 2019). “They also concede that Fannie Mae, the assignee of the mortgage, was both authorized and justified in exercising its right under the mortgage to sell the property for nonpayment and that Fannie Mae satisfied all of the statutory requirements pertaining to foreclosure by sale…”

Mani v. United Bank, 498 F. Supp. 2d 406 (D. Mass. 2007). “The claims against the Bank here are, in part, the same as those raised in the Land Court action: improper foreclosure in violation of Mass. Gen. Laws ch. 244, § 11 and a violation of the Consumer Protection Laws under Mass.”

Old Colony Bank of Worcester, N. A. v. Miller, 1981 Mass. App. Div. 202 (Mass. Dist. Ct., App. Div. 1981). “In addition to the foregoing, said witness further testified that he became involved when the note was in default and he referred the matter to counsel, secured insurance coverage for the property before and after foreclosure, and attended the foreclosure sale; that he had no…”

James B. Nutter & Co. v. Est. of Murphy (Mass. 2018). “40, 41 (2009), aff'd, 6 The Legislature has made this clear in the design of its statutory framework, which integrates § 21 into its other provisions regulating the power of sale in G. L. c. 244, §§ 11- 17C. For example, G.”

Saint Vil v. Wells Fargo Home Mortg. (D. Mass. 2019). “183, § 21 and M.G.L. c. 244, §§ 11–17C. See U.S. Bank Nat’l Ass’n v.”

Dickey v. U.S. Bank Trust, N.A. (D. Mass. 2020). “Deutsche Bank Trust Company Americas, 476 Mass. 1020 , 1021 (2017) (“In other words, there are certain statutory provisions with which the mortgagee must comply—‘the statutes relating to .”

Jones v. Bank of New York (D. Mass. 2021). “at 240 (foreclosing lender must “comply strictly” with both the “terms of the mortgage” governing the power of sale and the statutes appearing at Mass. Gen. Laws ch. 244, §§ 11 -17C that concern the “process and mechanics of the foreclosure sale itself”).”

Southbridge RE, LLC v. Kiavi Funding, Inc. (D. Mass. 2023). “183, § 21 and Mass. Gen. Laws ch. 244, §§ 11 -17C, that govern foreclosure sales (e.”

Pale Horse Realty LLC v. Bezio (D. Mass. 2024). “Such a statutory power of sale does not require judicial approval but Pale Horse must still comply with the requirements of Mass. Gen. Laws ch. 244, §§ 11 -17C, 21. See U.”

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