August 2026·5 min read

Selling a House With Back Taxes in Massachusetts (2026)

Massachusetts municipal tax liens are super-priority — they outrank your mortgage. Once a town takes “tax title,” the clock starts toward Land Court foreclosure. A cash sale stops the process and pays the taxes from proceeds.

How Massachusetts Property Tax Liens Work

Under MGL Chapter 60, Massachusetts municipalities have super-priority lien status for unpaid property taxes — meaning the tax lien takes precedence over your mortgage and all other recorded liens. When property taxes go unpaid, the town assesses 14% annual interest from the due date. Once taxes remain unpaid long enough, the town can take "tax title" (record a formal claim in the Registry of Deeds). After holding tax title for two years, the town can petition Massachusetts Land Court to foreclose the owner's right of redemption — ultimately allowing the town to take ownership of the property.

The good news: at any stage before a Land Court foreclosure judgment is entered, the owner can sell the property, pay the outstanding taxes and accrued interest from the closing proceeds, and retain whatever equity remains.

Massachusetts Tax Delinquency Stages — What Each Means for a Sale

StageStatusInterest / CostWhat to Do
1–3 months delinquentDemand notice issued; demand fee added14% annual on unpaid balance from due datePay in full or sell — no formal proceedings yet
3–12 months delinquentContinued accrual; town may issue warrant14% annual + warrant feesSale still straightforward — taxes + interest paid from proceeds at closing
Town takes tax titleTax title recorded in Registry of Deeds; town has legal claim14% annual continues; additional costs addedSale still possible — tax title payoff amount obtained; discharged at closing
Tax title held 2+ yearsTown can file Land Court petition to foreclose right of redemptionAll accrued interest + court filing costsSell before foreclosure judgment — cash buyer can close in 7 days
Land Court foreclosure judgment enteredOwner's right of redemption extinguished; town owns propertyN/A — owner no longer holds titleAt this stage, sale is generally no longer possible without town cooperation

Massachusetts Back Tax Costs

Annual interest on delinquent taxes (MA statutory rate)
14% per year from due date
Demand fee (town-imposed)
$30 – $50 typically
Tax title recording fee
$100 – $200
Land court filing fee (if town files)
$500 – $1,500+
Attorney fees if land court petition filed
$2,000 – $5,000+
We Buy Massachusetts Homes With Back Taxes

Tax title, delinquent taxes, or facing land court — we close fast. Taxes paid from proceeds at closing.

Call (401) 396-7427Get Cash Offer →

Frequently Asked Questions

Can you sell a house with delinquent property taxes in Massachusetts?

Yes — the closing attorney identifies the full delinquent tax balance plus 14% annual interest and fees, then pays it from the sale proceeds at closing. The town issues a discharge, and clear title passes to the buyer. The seller receives net proceeds after the tax payoff.

What is 'tax title' in Massachusetts?

Tax title is a legal status where the municipality has recorded a claim on the property for unpaid taxes (MGL Ch. 60). After holding tax title for 2 years, the town can file in Land Court to foreclose the owner's right of redemption. Selling before the land court judgment is entered allows you to retain remaining equity.

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