Brockton, Mass., Code of Ordinances ch. 16, art. I (2025) § 16-3
Preventing unnecessary vacancies of certain foreclosed residential properties in the City of Lynn
Operative Text
(a) Post-foreclosure occupant eviction. Notwithstanding any general or special law to the contrary, a foreclosure sale purchaser shall not evict an occupant except for just cause, unless a binding purchase and sale agreement has been executed for a bona fide third party to purchase the residential property from said foreclosure sale purchaser. (b) Penalties. Any foreclosure sale purchaser who evicts or attempts to evict occupants in violation of any provisions of this article shall be punished by a fine of not less than three hundred dollars ($300.00). Each eviction done in violation of this article constitutes a separate offense. (c) Jurisdiction. The Brockton District Court, Plymouth Superior Court, and Southeast Housing Court shall have jurisdiction over an action arising from this article and shall have jurisdiction in equity to restrain any such violation. No occupant shall be evicted in violation of any provision of this article. It shall be a defense to eviction that the foreclosure sale purchaser attempted to evict an occupant in violation of any provision of this article. (d) Conflict of Laws. Any provision of federal law relating to rental units owned, operated or subsidized by the federal government which are inconsistent with or contrary to the provisions of this article shall supersede the provisions of this article. Where not inconsistent, the provisions of federal law shall apply in conjunction with the provisions of this article. (e) Exemption. This section shall not apply if the foreclosure sale purchaser is a lender of mortgage loans headquartered in the Commonwealth, is not a subsidiary of an entity headquartered outside the Commonwealth, and has recorded at the Plymouth Registry of Deeds five (5) or fewer foreclosure deeds for residential properties in the city in the prior calendar year.
Brockton Code of Ordinances ch. 16, art. I § 16-3 restricts the ability of a party who purchases a property at a foreclosure sale from removing occupants after that sale. Under this rule, a foreclosure sale purchaser generally may not evict an occupant without just cause, unless a binding purchase-and-sale agreement with a genuine third-party buyer is already in place. The rule applies within Brockton (despite the heading's reference to Lynn), carries a minimum fine of $300 per separate violation, and grants the Brockton District Court, Plymouth Superior Court, and Southeast Housing Court authority to hear related cases and issue equitable relief.
Plain English — not legal advice.
Foreclosure sale purchasers operating under Brockton Code of Ordinances ch. 16, art. I § 16-3 generally document a legitimate just-cause basis before initiating any eviction proceeding against a post-foreclosure occupant. Compliant operators also confirm whether a binding purchase-and-sale agreement with a bona fide third-party buyer is in place before proceeding, since that agreement is the primary alternative pathway the ordinance recognizes. Operators should also verify whether the small-lender exemption in subsection (e) applies, which turns on headquarters location, subsidiary status, and the number of foreclosure deeds recorded at the Plymouth Registry of Deeds in the prior calendar year.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Brockton Code of Ordinances ch. 16, art. I § 16-3 gives post-foreclosure occupants a meaningful protection: a foreclosure sale purchaser generally cannot remove them without just cause or a qualifying purchase-and-sale agreement. Subsection (c) explicitly states that an attempted eviction in violation of this article can be raised as a defense in eviction proceedings before the Brockton District Court, Plymouth Superior Court, or Southeast Housing Court. Occupants who believe a foreclosure sale purchaser is acting contrary to this provision may wish to consult a tenant-rights organization or legal aid office familiar with Brockton housing law to understand the options available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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