Foreign National Mortgages in Massachusetts

As of October 2026, we are not aware of an enacted Massachusetts statute that restricts foreign citizens from purchasing residential or investment real estate in the Commonwealth. A proposed bill in the 194th General Court, H.3061 ('An Act addressing international real estate speculation'), would have imposed a fee on transfers to certain foreign buyers, but on March 9, 2026 it was sent to a study order (H.5182) and is not law. Because laws can change, always confirm your purchase structure with a Massachusetts real estate attorney before signing a contract.

Yes, and the loan type depends on your legal presence in the United States. Under Fannie Mae Selling Guide B2-2-02, lawful permanent residents (green card holders) and lawful non-permanent residents living in the U.S. are eligible for conventional mortgages under the same terms available to U.S. citizens when the lender warrants legal presence. Non-U.S. citizens living abroad without lawful U.S. residency use non-agency (non-QM) foreign national or DSCR loan programs, whose terms vary by lender.

Yes. Under Massachusetts General Laws Chapter 62, Section 5A(a), Massachusetts taxes nonresidents on gross income from the ownership of any interest in real or tangible personal property located in the Commonwealth, which includes rental income from a Massachusetts property. Speak with a qualified tax professional about filing requirements and applicable tax rates.

No. Under M.G.L. Chapter 59, Section 5C, cities and towns that adopt a local residential exemption (up to 35% of the average assessed residential value) grant it only to a taxpayer's principal residence, including a principal-residence condo unit. If you live abroad and buy a Massachusetts second home or investment property, it will not qualify for the residential exemption, and the Massachusetts Declaration of Homestead (c. 188) is creditor protection for a principal residence rather than a property tax discount.

Under the Massachusetts condominium statute, M.G.L. Chapter 183A, Section 6(d), the condo association must provide a written statement of any unpaid common expenses assessed to the unit within 10 business days after receiving a written request. Once recorded at the Registry of Deeds, this 6(d) certificate discharges the unit from any lien for other sums then unpaid, which is why it is a standard step before closing on a Massachusetts condo.

Rules depend heavily on the city or town. In Boston, short-term rentals are restricted to qualifying owner-occupied properties where the owner lives at least 9 of the past 12 months, so a non-owner-occupied investor unit in Boston cannot be licensed as a short-term rental. In Cape Cod (Barnstable County) and other Massachusetts towns, short-term rentals of 31 consecutive days or less are subject to the state room occupancy excise, local option excises, the 2.75% Cape Cod and Islands Water Protection Fund excise in participating communities (all under M.G.L. c. 64G), plus any town registration or inspection rules.

Under federal IRS FIRPTA rules, when a foreign person sells a U.S. real property interest, the buyer is generally required to act as the withholding agent and withhold 15% of the amount realized, reporting and paying the withholding on Form 8288 (with Form 8288-A) by the 20th day after the date of disposition. An exception applies if an individual buyer acquires the property for use as a residence, the amount realized is $300,000 or less, and the buyer or a family member has definite plans to reside there at least 50% of the days the property is in use during each of the first two 12-month periods after the transfer.