Massachusetts General Laws

Mass. Gen. Laws ch. 244, § 18 (2026)

Persons authorized to redeem

✓ current as of July 2026

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Section 18. The mortgagor or person claiming or holding under him may, after breach of condition, redeem the land mortgaged, unless the mortgagee, or person claiming or holding under him, has obtained possession of the land for breach of condition and has continued that possession for three years, or unless the land has been sold pursuant to a power of sale contained in the mortgage deed.

Notes of Decisions

Cited in 19 cases (2 in the last 5 years), 1923–2025 · leading case: Hull v. Attleboro Sav. Bank, 596 N.E.2d 358 (Mass. App. Ct. 1992).

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Hull v. Attleboro Sav. Bank, 596 N.E.2d 358 (Mass. App. Ct. 1992). · cites it 5× “In this action, the plaintiff for the first time challenged the validity of the bank’s entry onto the property for purposes of foreclosure by entry and possession and sought to redeem the property in accordance with G. L. c. 244, § 18. During the more than a year and a half…”

In Re Crichlow, 322 B.R. 229 (Bankr. D. Mass. 2004). · cites it 3× “2d 183 (citing to Mass. Gen. Laws ch. 244, § 18 ). The court cited several sources in support of its conclusion that the sale occurred at least as early as when the mortgagee and the purchaser executed the memorandum of sale.”

Outpost Cafe, Inc. v. Fairhaven Sav. Bank, 322 N.E.2d 183 (Mass. App. Ct. 1975). · cites it 6× “The disposition of this case turns on when “the land has been sold pursuant to a power of sale contained in the mortgage deed” (emphasis supplied) within the meaning of G. L. c. 244, § 18, 3 and on when a “sale [occurs] pursuant *3 to a power contained in the mortgage” (emphasis…”

Bevilacqua v. Rodriguez, 955 N.E.2d 884 (Mass. 2011). “See G. L. c. 244, § 18 (mortgagor holds equity of redemption until mortgagor forecloses); Maglione v.”

Brown v. Fin. Enter. Corp. (In Re Hall), 188 B.R. 476 (Bankr. D. Mass. 1995). · cites it 2× “G.L. c. 244 § 18. 8 A mortgagor is not entitled to redeem real estate that has been foreclosed pursuant to a mortgagee’s power of sale once the memorandum of sale has been executed.”

Guempel v. Great Am. Ins., 420 N.E.2d 353 (Mass. App. Ct. 1981). “1, 7-8 (1975), holding that a mortgagor’s equity of redemption was barred under G. L. c. 244, § 18, “at least as early as when the memorandum of Sale was executed with the purchaser at the foreclosure sale.”

In Re Tricca, 196 B.R. 214 (Bankr. D. Mass. 1996). “Mass.Gen.Laws ch. 244, § 18; Brown v. Financial Enter.”

In Re Mellino, 333 B.R. 578 (Bankr. D. Mass. 2005). “2d 183, 184 (1975)(affirming a decree in favor of the defendant and purchaser at a foreclosure sale who contend that the premises were “sold” within the meaning of Mass. Gen. Laws. ch. 244, §§ 18, 21 and 22 at least as early as the time when they executed the memorandum of sale…”

Agin v. Green Tree Servicing, LLC (In re Shubert), 535 B.R. 488 (Bankr. D. Mass. 2015). “See G.L. c. 244, § 18 (mortgagor holds equity of redemption until mortgagor forecloses); Maglione v.”

Barry v. Gen. Mortg. & Loan Corp., 254 Mass. 282 (Mass. 1926). “G. L. c. 244, § 18. By reason of the conveyance of legal title to the plaintiffs, they stand in the place of the mortgagor.”

Deluca v. U.S. Bank Nat'l Ass'n, 25 Mass. L. Rptr. 252 (Mass. Super. Ct. 2009). “The log clearly states that the sale would go forward if the borrowers did not submit the reinstatement funds or proof of payment of the reinstatement funds along with the required paper work prior to the foreclosure sale.”

Levenson v. Cambridge Sav. Bank, 155 N.E. 421 (Mass. 1927). “Having reached the conclusion that the decree in the equity suit is decisive of the plaintiff’s right to recover, we *470 have found it unnecessary to give further consideration to the questions argued as to the relative rights of the highest bidder at a foreclosure sale and of…”

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