- In order to exercise the statutory power of sale in Massachusetts, a mortgagee must either be the holder of the underlying promissory note or be acting under the authority of the note holder.

- Physical possession of the note is not necessary in order to foreclose.

- The Eaton holding is not retroactive; it applies only to mortgage foreclosure sales if the mandatory notice of sale has been given after June 22, 2012.

- Mortgagees should ensure the loan file clearly indicates their ownership of the promissory note at the time foreclosure is commenced in Massachusetts.

- Mortgagees should ensure the loan file clearly demonstrates their ownership of the mortgagee’s interest in the mortgage. Best practice dictates the recordation of all mortgage assignments.

- Mortgagees in Massachusetts should be careful to properly document servicing arrangements to provide servicers the statutory authority to foreclose in Massachusetts.