Massachusetts General Laws

Mass. Gen. Laws ch. 244, § 2 (2026)

Entry without judgment; memorandum or certificate; recording

✓ current as of July 2026

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Section 2. If an entry for breach of condition is made without a judgment, a memorandum of the entry shall be made on the mortgage deed and signed by the mortgagor or person claiming under him, or a certificate, under oath, of two competent witnesses to prove the entry shall be made. Such memorandum or certificate shall after the entry, except as provided in section seventy of chapter one hundred and eighty-five, be recorded in the registry of deeds for the county or district where the land lies, with a note of reference, if the mortgage is recorded in the same registry, from each record to the other. Unless such record is made, the entry shall not be effectual for the purposes mentioned in the preceding section.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1929–2024 · leading case: Juárez v. Select Portfolio Servicing, Inc., 708 F.3d 269 (1st Cir. 2013).

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Juárez v. Select Portfolio Servicing, Inc., 708 F.3d 269 (1st Cir. 2013). · cites it 2× “2 The amended complaint included one count for a violation of Mass. Gen. Laws ch. 244, § 14 (“Section 14”), for lack of legal standing to foreclose; one count under Mass.”

Seppala & Aho Constr. Co. v. Petersen, 367 N.E.2d 613 (Mass. 1977). · cites it 3× “G. L. c. 244, § 2. See G. L. c. 185, § 70 (registered land).”

Bank of New York v. Bailey, 951 N.E.2d 331 (Mass. 2011). “10 During oral argument, BNY contended that the case might be moot because BNY had foreclosed the mortgage by entry pursuant to G. L. c. 244, § 2, and Bailey therefore could no longer contest BNY’s title based on defective notice of the foreclosure sale.”

Araserv, Inc. v. Bay State Harness Horse Racing & Breeding Ass'n, 437 F. Supp. 1083 (D. Mass. 1977). · cites it 2× “244 § 1, also comply with M.G.L. c. 244 § 2, which provides: Entry without judgment; certificate; recording.”

Silva v. Commonwealth of Massachusetts, 351 F. App'x 450 (1st Cir. 2009). “” This conclusion was upheld by the Massachusetts Appeals Court, which noted that the Massachusetts Supreme Judicial Court previously ruled that the duly recorded entry under Mass. Gen. Laws ch. 244, § 2 provided “full and authoritative notice, to all persons,” citing, e.”

In Re Concord Mill Ltd. P'ship, 136 B.R. 896 (Bankr. D. Mass. 1992). “Since the ceremonial entry will not necessarily provide actual notice to those it is intended for — the debtor/assignor, its creditors, and the tenants — the physical entry should (as a matter of law) be supplemented by actual notice of the entry to the assignor and the tenants,…”

Singh v. 207-211 Main Street, LLC, 937 N.E.2d 977 (Mass. App. Ct. 2010). “He also admits that the LLC, on February 17, 2005, properly recorded a certificate of entry at the Hampshire County registry of deeds in accordance with G. L. c. 244, § 2. Further, Singh acknowledges that since the LLC made entry, it has remained in possession, maintained and…”

Pandiscio v. Atkinson, 766 N.E.2d 87 (Mass. App. Ct. 2002). “After the plaintiff failed to cure the default, CBG made a peaceable and unopposed entry on the property on February 26, 1998, and recorded a notice of entry thereof pursuant to G. L. c. 244, § 2. CBG also filed a “Complaint to Foreclose Mortgage” in the Land Court on March 13,…”

Chamberlain Garages, Inc. v. New England Bond & Mortg. Co., 166 N.E. 732 (Mass. 1929). “The Mortgage Company incurred no obligation to account to the mortgagor or to subsequent creditors upon its formal entry for the purpose of foreclosure under G.”

Juarez v. U.S. Bank Nat'l Ass'n, 103 N.E.3d 766 (Mass. App. Ct. 2018). “The dismissal of the claim of violation of G. L. c. 244, § 2 (failure to make proper entry), was affirmed.”

Emigrant Mortg. Co., Inc. v. Bourke (D. Mass. 2024). “M.G.L. c. 244, § 2. The three-year holding period begins to run when the mortgagee records a proper memorandum or certificate of entry.”

Commonwealth Fed. Sav. & Loan Ass'n v. Inhabitants of the Town of Shrewsbury, 1981 Mass. App. Div. 228 (Mass. Dist. Ct., App. Div. 1981). “G.L.c. 244, § 2. This was accomplished on January 14,1977 and the tenants of El Grande were so notified.”

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