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Sell a Distressed Property in Boston: Which Kind of Distress Do You Have?

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The word distressed gets used for two situations that have almost nothing in common. One is about money and runs on legal deadlines. The other is about the building and runs on repair costs. People who need to sell a distressed property in Boston often have one, sometimes both, and the right move is completely different depending on which.

Work out which one you are in before you talk to anybody, because in the financial case there are dates that matter and missing them is expensive.

Financial distress runs on a clock

If the problem is that payments have stopped, the property itself may be perfectly sound. What you are managing is a timetable.

Mortgage arrears

Federal rules generally prevent a servicer starting foreclosure until a borrower is more than 120 days delinquent. Massachusetts then adds its own protection: a 150 day right to cure under Chapter 244, Section 35A, which the lender must give notice of before accelerating.

The single most important thing to understand is this. You can sell at any point before the foreclosure auction is completed. Ownership remains yours until then, and a sale that pays off the loan ends the process. Homeowners routinely believe the house is already gone when it is not.

Anyone in this position should speak to a HUD-approved housing counselor as well as to any buyer. That advice is free, it is independent, and a counselor may identify options a buyer has no reason to mention.

Unpaid property taxes

This is a different mechanism and it catches people out because it moves quietly.

Where municipal taxes go unpaid, the city or town can take the property under its tax lien powers, the process set out around Chapter 60, Section 53. That creates a tax title. If it is never redeemed, the municipality or an assignee can move to foreclose the right of redemption in the Land Court.

Here too, selling before that judgment resolves it, because the sale proceeds pay the taxes.

If a tax foreclosure has already happened, read this

Massachusetts law changed in 2024, and a great many people affected by it do not know.

Following the United States Supreme Court decision in Tyler v. Hennepin County, Massachusetts amended Chapter 60 so that a municipality can no longer simply keep everything a foreclosed property is worth. Under Chapter 60, Section 64A, after a Land Court judgment forecloses the right of redemption the judgment holder must elect within thirty days whether to retain or sell the property, obtain an appraisal or record the sale price, and prepare an itemized accounting showing costs and any excess equity.

Former owners and others with a redemption interest then have eighteen months from the notice date to submit a written claim for that excess equity. Unclaimed amounts are disposed of under abandoned property law after nineteen months, and disputes over the accounting can be taken to the Superior Court within twelve months.

If a Boston area property was lost to a tax foreclosure recently, there may be money owed to you that nobody has chased on your behalf. Speak to an attorney about whether a claim is available and whether you are inside the window.

Physical distress runs on arithmetic

If the payments are current and the problem is the building, there is no clock. There is a calculation.

The property has some value once repaired. The repairs cost something. If the value uplift comfortably exceeds the repair cost, doing the work and selling on the open market usually wins. If it does not, it does not, and no amount of effort changes that.

What complicates it in practice is financing. Massachusetts lenders generally will not lend against structural or safety defects, and FHA and VA loans apply condition standards a genuinely distressed building will fail. So a property in poor physical condition often cannot be sold to a buyer who needs a mortgage, regardless of what it is nominally worth. That is what pushes these sales toward cash.

Serious condition cases, where a property has been condemned or has an open enforcement file with the Inspectional Services Department, sit at the far end of this spectrum and are worth handling with an attorney involved.

When it is both

The most difficult version is a property that is behind on payments and in poor condition, which is common because the two cause each other. Money gets tight, maintenance stops, the building deteriorates, and the deterioration removes the option of a conventional sale just when it is most needed.

In that situation the sequencing matters. The financial deadline governs. Work out the auction or redemption date first, then decide what is achievable inside it. A repair plan that takes four months is irrelevant if the auction is in six weeks.

Can you sell a distressed property in Boston quickly enough?

Usually yes, provided you start early enough. A straightforward Massachusetts cash closing runs roughly seven to fifteen days from signed agreement once title work and the municipal lien certificate are underway, and that timetable fits comfortably inside most foreclosure calendars if the process is started with weeks rather than days remaining.

What does not work is leaving it to the final fortnight. Title problems on distressed property are common, liens have to be identified and paid off in the right order, and municipal payoff figures take time to obtain.

Boston adds its own texture. Much of the housing stock is pre-1978, so the lead paint Property Transfer Notification applies to nearly every sale. Older Suffolk County title chains frequently carry undischarged mortgages from decades ago. On a distressed property both of those tend to surface at the worst moment.

On the financial side of distress, two figures. Around 15% of the sellers who reach us are dealing with arrears or financial pressure. The fastest we have ever gone from first call to funded closing is about seven days, but that needed a vacant property, clean title, a motivated seller, cash ready and no inspection surprises, all at once. Plan against two to four weeks, and treat anyone promising less before examining title as making it up.

What to do next

If the distress is financial, find out the actual dates. Call the servicer or the tax collector and get the current position in writing, then speak to a HUD-approved housing counselor. Only then work out whether selling is the right answer, because sometimes it is not.

If the distress is physical, get a real repair quote and a realistic repaired value, and compare the two before spending anything.

If it is both, deal with the deadline first.

Our guide to facing foreclosure in Massachusetts covers the financial route in more detail, and you can see how we handle distressed property purchases across Massachusetts if a cash sale is the direction you are heading.

Foreclosure, tax title and condemnation all carry real legal consequences and hard deadlines. Nothing here is a substitute for advice from a Massachusetts attorney or a HUD-approved housing counselor on your specific situation.

Author

  • Gregory Asuncion - Boston Investors Founder & Real Estate Investor

    Real Estate Investor at Boston Investors, helping homeowners across Massachusetts sell their properties fast, as-is, and for cash. With a focus on transparency and 24/7 availability, Gregory specializes in solving problems like foreclosure, probate, and inherited homes, without agents or repairs.