Massachusetts General Laws

Mass. Gen. Laws ch. 60, § 64 (2026)

Absolute title after foreclosure; right to receive excess equity

✓ current as of July 2026
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Section 64. The land court shall have exclusive jurisdiction of the foreclosure of all rights of redemption from titles conveyed by a tax collector's deed or a taking of land for taxes in a proceeding held pursuant to sections 65 to 75, inclusive. The title conveyed by a tax collector's deed or by a taking of land for taxes shall be absolute after foreclosure of the right of redemption by judgment of the land court as provided in this chapter; provided, however, that the entry by the land court of a judgment of foreclosure of the right of redemption shall not impair or limit the right of the owner of the land at the time of foreclosure, and of those holding an interest in the land at the time of foreclosure and their heirs, successors and assigns, to receive any excess equity and subject to the requirements of section 64A. Any sale or retention of property by a municipality or other foreclosing entity pursuant to this chapter shall be subject to the requirements of said section 64A.

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1929–2026 · leading case: Heaney v. Lamento (In re Whiz Kids Dev., LLC), 576 B.R. 731 (Bankr. D. Mass. 2017).
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Heaney v. Lamento (In re Whiz Kids Dev., LLC), 576 B.R. 731 (Bankr. D. Mass. 2017). “months of the date of the Collector’s Deed pursuant to Mass. Gen. Laws ch. 60, §§64 and 65. The Debtor also opposed the Motion for Reconsideration, likewise asserting that the Collector’s Deed conferred no right to possession of the property on Lamento prior to entry of a…”
Buk Lhu v. Dignoti, 431 Mass. 292 (Mass. 2000). · cites it 2× “DeNormandie purchased Lot 2 from the city on March 29, 1995, and received a tax collector’s deed pursuant to *294 G. L. c. 60, § 64. 5 On April 4, 1995, David Pogorelc, then trustee of Barnacle, purchased Lot 2 from DeNormandie.”
Town of Norwood v. Norwood Civic Ass'n, 165 N.E.2d 124 (Mass. 1960). “G. L. c. 60, § 64; c. 185, § 1 (b), as amended by St.”
Ithaca Fin., LLC v. Lopez, 121 N.E.3d 1183 (Mass. 2019). “See G. L. c. 60, § 64, which provides in pertinent part: "The title conveyed .”
City of Boston v. Gordon, 175 N.E.2d 377 (Mass. 1961). “On February 4, 1958, upon a petition filed by the city on June 30, 1953, the Land Court entered a decree foreclosing (see G. L. c. 60, § 64 and § 65, as amended through St.”
Devine v. Town of Nantucket, 452 N.E.2d 1167 (Mass. App. Ct. 1983). “Moreover, there is an interest in the stability of tax titles, an interest which, in the statutory scheme which now per *551 tains, finds embodiment in G. L. c. 60, § 64, 6 and is adverted to in case law.”
Town of Sandwich v. Quirk, 566 N.E.2d 614 (Mass. 1991). “” G. L. c. 60, § 64. This provision makes clear that interests in the land of one claiming through the record owner, such as “mortgagees, lienors, attaching creditors” (G.”
Landers v. City of Boston, 165 N.E. 676 (Mass. 1929). “When the city or town purchases land for the nonpayment of taxes under the quoted statute it manifestly is unnecessary for the city or town to take or sell the land purchased for nonpayment of subsequent taxes, costs and interest, for the reason that on a petition of the city or…”
DiPietro (D. Mass. 2026). · cites it 2× “See Mass. Gen. Laws ch. 60, § 64 (amended 2024).”
Ithaca Fin., LLC v. Lopez (Mass. App. Ct. 2019). “See G. L. c. 60, § 64, which provides in pertinent part: "The title conveyed .”
Woodbridge v. The City of Greenfield (D. Mass. 2024). “[Mass.Gen. L. ch. 60, § 64]. In addition, the foreclosing party takes title free and clear of all encumbrances, including mortgages and other liens.”
Yourelo Your Full-Serv. Relocation Corp. v. City of Revere (Bankr. D. Mass. 2020). “M.G.L. c.60, § 64; Buk Lhu v. Dignotti, 431 Mass.”
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