Cal. Civ. Code § 6
Condition of bond in action for possession after foreclosure of mortgage; after purchase
Operative Text
Section 6. If the action is for the possession of land after foreclosure of a mortgage thereon, the condition of the bond shall be for the entry of the action and payment to the plaintiff, if final judgment is in his favor, of all costs and of a reasonable amount as rent of the land from the day when the mortgage was foreclosed until possession of the land is obtained by the plaintiff. If the action is for possession of land after purchase, the condition of the bond shall be for the entry of the action and payment to the plaintiff, if final judgment is in his favor, of all costs and of a reasonable amount as rent of the land from the day that the purchaser obtained title to the premises until the delivery of possession thereof to him, together with all damage and loss which he may sustain by withholding of possession of the land or tenement demanded, and by any injury done thereto during such withholding with all costs. Upon final judgment for the plaintiff, all money then due to him may be recovered in an action on the bond.
Mass. Gen. Laws c. 239 § 6 governs the bond that a party contesting a possession action must post when the underlying dispute arises either from a mortgage foreclosure or from a property purchase. The bond's required conditions differ depending on the origin of the claim: in a foreclosure-based action, it must cover costs and a reasonable rental amount running from the date of foreclosure; in a purchase-based action, it must also cover damages and losses caused by the withholding of possession or any injury to the property during that period. If the plaintiff ultimately wins a final judgment, any money owed under those conditions can be recovered directly through an action on the bond itself.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 239 § 6, a plaintiff seeking to recover possession after foreclosure or purchase is protected by a bond requirement that runs from the operative date—either the foreclosure date or the date title was obtained—through the point when possession is actually delivered. Compliant operators in these situations typically document the timeline carefully, including the foreclosure or title date, any rental value of the property during the contested period, and any physical damage or losses attributable to the holdover. Because final judgment entitles the plaintiff to pursue all amounts due through an action on the bond, maintaining clear records of costs, rental value, and property condition supports recovery under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 239 § 6 establishes that a person contesting a possession action brought after foreclosure or a property purchase must post a bond covering potential costs, reasonable rent, and—in purchase cases—damages for withholding possession or injuring the property. If you are a tenant or occupant facing such an action, understanding the bond requirement may be relevant to how the case proceeds and what financial obligations could arise from a final judgment against the contesting party. Tenant-rights organizations and legal aid services can help explain how this provision interacts with your specific circumstances, and any defenses or rights you may have can generally be raised within the court proceeding itself.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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