Massachusetts General Laws

Mass. Gen. Laws ch. 60, § 69A (2026)

Vacating, reversing or modifying decree of foreclosure

✓ current as of July 2026

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Section 69A. The land court may grant a motion to vacate a decree of foreclosure brought by any interested person other than the petitioner under section 65 within 1 year after the final entry of the decree if presented with extraordinary circumstances and if: (i) no innocent purchaser has acquired an interest in the property for value; or (ii) no claim for excess equity has been paid pursuant to section 64A, unless the court makes appropriate equitable orders to protect the rights of the purchaser of the property or the payor of the excess equity. If the foreclosure petition was filed for an unoccupied or abandoned building as set forth in sections 1 and 81A or if there has been a certification pursuant to section 81B that the redemption amount as determined pursuant to section 62 exceeds the assessed value of the parcel, no petition to vacate a decree of foreclosure entered under section 69 and no proceedings at law or in equity for reversing or modifying such a decree shall be commenced by any person other than the petitioner except within 90 calendar days after the final entry of the decree or within 1 year of the final entry of the decree, if the decree was entered prior to the effective date of this section. For any decree relating to a property for which record title stands in the name of a deceased person or person under guardianship or conservatorship, a petition may be maintained for reversal or modification of such decree up to 1 year from the date of decree.

No motion to vacate a decree of foreclosure and no proceeding at law or in equity for reversing or modifying such a decree shall be commenced by any person other than the petitioner under section 65 after 1 year, except upon a showing that the moving party's due process rights have been violated.

If a decree of foreclosure is vacated pursuant to this section, all rights and obligations set forth in section 64A shall be suspended and any proceedings instituted in the superior court regarding excess equity shall be dismissed.

Notes of Decisions

Cited in 16 cases (3 in the last 5 years), 1961–2025 · leading case: Vincent Realty Corp. v. City of Boston, 378 N.E.2d 73 (Mass. 1978).

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Vincent Realty Corp. v. City of Boston, 378 N.E.2d 73 (Mass. 1978). · cites it 3× “G. L. c. 60, § 69A. The petition was subsequently amended to allege that Vincent Realty was deprived of its right to redeem the properties, located at 161 and 175 Florence Street, since it was not notified under G.”

Christian v. Mooney, 400 Mass. 753 (Mass. 1987). · cites it 3× “He concluded that the 1963 tax assess *759 ment for Share 10 was invalid but that the 1967 decree foreclosing all rights of redemption in Share 10 was unassailable pursuant to G. L. c. 60, § 69A (1984 ed.), which, in the circumstances, purports to bar a proceeding to vacate a…”

Goddard v. Goucher, 44 N.E.3d 878 (Mass. App. Ct. 2016). “On June 4, 2010, the Land Court denied the petition, finding that Goddard held no interest in the property and therefore did not have standing to petition the Land Court under G. L. c. 60, § 69A. Goddard appealed, and this court vacated the order and remanded the case to the…”

Town of Sharon v. Kafka, 468 N.E.2d 656 (Mass. App. Ct. 1984). · cites it 3× “Even before the passage of G. L. c. 60, § 69A, in 1945, the Supreme Judicial Court had stated that a petition to vacate a prior decree foreclosing the right of redemption under a tax title is “extraordinary in nature and ought to be granted only after careful consideration and…”

Town of Andover v. State Fin. Servs., Inc., 736 N.E.2d 837 (Mass. 2000). “enied State Financial’s motion, holding (1) that the town’s mailing of the certified letter complied with due process because it was reasonably calculated, in the circumstances, to notify State Financial of the foreclosure proceedings; and (2) that State Financial’s motion for…”

City of Boston v. James, 530 N.E.2d 1254 (Mass. App. Ct. 1988). “Under G. L. c. 60, § 69A, an application to vacate a decree of foreclosure must have been made within a year of the decree.”

Town of Lancaster v. Foley, 15 Mass. App. Ct. 967 (Mass. App. Ct. 1983). “…could treat the Foley’s claims as barred by the expiration of one year after the judicial 1963 foreclosure. G. L. c. 60, § 69A (and see §§64 & 69). See Park, Real Estate Law §§ 789-792, especially at 229-230 (1981 &' Supp. 1982). See also Nichols, Taxation in…”

Ithaca Fin., LLC v. Lopez, 121 N.E.3d 1183 (Mass. 2019). “Over one year later, Wells Fargo filed a motion to vacate the judgment. The judge denied the motion, and this appeal followed.”

City of Boston v. Gordon, 175 N.E.2d 377 (Mass. 1961). “There is no comparable statutory provision relating to tax titles, except to the limited extent provided by G. L. c. 60, § 69A (see also §§ 69, 76), perhaps because of the special public interest in the complete and effective collection of taxes.”

Town of North Reading v. Welch, 711 N.E.2d 603 (Mass. App. Ct. 1999). “The order vacating that judgment — on Ruth’s petition — was entered June 12, 1997.”

Town of Andover v. State Fin. Servs., Inc., 723 N.E.2d 531 (Mass. App. Ct. 2000). “at 630 (“[I]t is settled that the time limit does not apply where the application [under G. L. c. 60, § 69A,] is an extraordinary one grounded on a claim of breach of due process and the claim is substantiated”).”

TOWN OF BOURNE v. FRANCIS J. COFFEY, individually & as Pers. Rep.., 101 Mass. App. Ct. 496 (Mass. App. Ct. 2022). · cites it 3× “" G. L. c. 60, § 69A. "After one year, the judgment is final and can be vacated only upon a showing of a denial of due process.”

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