Massachusetts homeowners have 20 calendar days to file an Answer. MA uses both judicial and non-judicial foreclosure. If you were served with a Summons and Complaint, here is how to respond.
Rush response within 24 hours
Massachusetts allows both judicial and non-judicial foreclosure. Judicial foreclosures are filed in the Land Court (if the property is registered land) or Superior Court. MA requires a 150-day right to cure notice (M.G.L. c. 244, § 35A) and a 90-day right to cure notice for certain loans.
If you fail to answer within 20 days, the court can enter a default judgment against you, giving up your right to contest the foreclosure. Filing a timely Answer forces the lender to prove its claim and gives you the opening to raise defenses — including Massachusetts' powerful right-to-cure protections — and work toward a resolution rather than losing the home by default.
| Deadline | 20 calendar days (Mass. R. Civ. P. 12) |
| Court | MA Land Court or Superior Court |
| Type | Judicial or non-judicial |
| Key Notice | 150-day right to cure (M.G.L. c. 244, § 35A) |
| Filing Fee | None for the Answer |
20 Days to Answer
Mass. R. Civ. P. 12(a): 20 days from service. File in Land Court (registered land) or Superior Court (recorded land).
Verify Right to Cure Compliance
MA requires a 150-day right to cure notice (M.G.L. c. 244, § 35A). If not sent or defective, raise as an affirmative defense. This is one of the strongest defenses in MA.
File Your Answer & Defenses
Respond to each paragraph of the Complaint, raise standing and notice challenges, and preserve your ability to negotiate.
Seek a Resolution
Use the litigation process to pursue a modification, reinstatement, or negotiated settlement before a judgment is entered.
A missing or defective 150-day notice under M.G.L. c. 244, § 35A is a powerful defense unique to Massachusetts.
The plaintiff must prove it holds the note and mortgage and has the right to foreclose.
RESPA/Reg X dual tracking and error-resolution failures can be powerful counterclaims and bargaining tools.
Challenge miscalculated arrears, misapplied payments, and improper fees that inflate the claimed default.
An unanswered summons can lead to a default judgment quickly — and forfeit your right-to-cure defenses. We prepare your Answer for every MA Land and Superior Court.
Massachusetts' right-to-cure notice is one of the strongest borrower protections in the country — a violation can stop the foreclosure.