Massachusetts General Laws

Mass. Gen. Laws ch. 244, § 9 (2026)

Right of entry before breach

✓ current as of July 2026

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Section 9. This chapter shall not prevent a mortgagee or person claiming under him from entering on the land or from recovering possession thereof before breach of condition of the mortgage, if there is no agreement to the contrary; but if the debt is afterward paid or the mortgage redeemed, the amount of the clear rents and profits from the time of the entry shall be accounted for and deducted from the amount due on the mortgage.

Notes of Decisions

Cited in 3 cases, 1988–2014 · 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 2× “This statute seems contrary to Mass.Gen.L. ch. 244, § 9 which provides in part: "This chapter [governing foreclosure] shall not prevent a mortgagee or person claiming under him from entering on the land or from recovering possession thereof before breach of condition of the…”

Santiago v. Alba Mgmt., Inc., 928 N.E.2d 359 (Mass. App. Ct. 2010). “See G. L. c. 244, § 9. Where, as here, entry is made after and because of a breach of the mortgage conditions, the entry is presumed to be for the purpose of foreclosure.”

Easthampton Sav. Bank v. City of Springfield, 21 N.E.3d 922 (Mass. 2014). “A mortgagee may have a right to enter property either under the terms of the mortgage or under G. L. c. 244, § 9. 7 The definition of “owner” in G.”

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