Cal. Civ. Code § 6A
Condition of bond after foreclosure of tax title
Operative Text
Section 6A. If the action is for the possession of land after foreclosure of a tax title 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 tax title was foreclosed until possession of the land is obtained by the plaintiff, and of all damage and loss which he may sustain by the withholding of possession of the land or tenements demanded and by any injury done thereto during such withholding.
Mass. Gen. Laws c. 239 § 6A governs the terms of a bond that must be posted when a defendant contests a possession action brought after a tax title has been foreclosed. The bond must cover the plaintiff's court costs, a reasonable rental amount running from the date the tax title was foreclosed through the date the plaintiff actually regains possession, and any damages caused by the continued withholding of possession or physical harm to the property during that period. In effect, the provision ensures that a party who delays returning possession after a tax-title foreclosure is financially accountable for the full period of that delay.
Plain English — not legal advice.
A property owner or tax-title holder who has completed a tax-title foreclosure and brings a possession action under Mass. Gen. Laws c. 239 § 6A generally ensures that the bond posted by the opposing party is conditioned to cover costs, a reasonable rental value from the foreclosure date forward, and any property damage incurred during the holdover period. Compliant operators typically document the foreclosure date carefully, since that date anchors the rental-value calculation the bond must secure. Maintaining records of the property's condition throughout the possession dispute supports any claim for damage-related losses covered by the bond.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Mass. Gen. Laws c. 239 § 6A, a person contesting a post-tax-title-foreclosure possession action has the right to understand exactly what obligations the required bond places on them, including potential liability for rent calculated from the foreclosure date and for any property damage during the period of withheld possession. If questions arise about whether the bond amount or its conditions are properly set, a tenant or occupant may raise those concerns before the court handling the action. Tenant-rights organizations and legal aid offices familiar with Massachusetts summary process proceedings can help occupants understand how this provision may affect their situation.
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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