No. The Appeals Court held that a Housing Court judge had no power to allow a late appeal filed more than three years after a post-foreclosure eviction judgment, because the ten day deadline to appeal an eviction is set by statute and cannot be extended. The former owner never got a ruling on his argument that a COVID-19 eviction moratorium barred the eviction. This is an unpublished Appeals Court decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.
What happened
After a foreclosure sale of a home in Malden, the new owner brought a summary process case to evict the former owner. The case was filed in January 2020, and the Housing Court entered judgment for the new owner in February 2020. The former owner filed an appeal in November 2020, then moved to vacate the judgment, lost that motion, and filed a second appeal more than a month after the denial. The judge dismissed both appeals in June 2021. The new owner took possession through a constable in July 2021, and sold the property in May 2022. In September 2023, the former owner asked for leave to file a late notice of appeal, arguing that a COVID-19 eviction moratorium barred both the eviction and the judge’s orders allowing the new owner to seek discovery after judgment. A different judge denied that request.
What the court decided
In Property Acquisition Group, LLC v. Lippi, No. 23-P-1363 (Mass. App. Ct. August 18, 2025) (Rule 23.0 decision), the Appeals Court affirmed the denial.
Ten days, set by statute. A party who wants to appeal a judgment in a summary process case must file a notice of appeal within ten days after the judgment enters. G.L. c. 239, § 5 (a). That period is fixed by statute and is jurisdictional. Jones v. Manns, 33 Mass. App. Ct. 485 (1992). Where the legislature sets an appeal deadline in a statute, a court has no authority to make it longer.
Three years was far too late. The request for leave to appeal came more than three years after judgment, well past the ten day limit. Because the judge had no power to extend the appeal period, the denial was correct.
The moratorium argument was never reached. The former owner’s main point was that a COVID-19 eviction moratorium should have stopped the eviction and the post-judgment discovery orders. The Appeals Court could not consider that argument at all, because the appeal itself was not allowed. Whatever its strength, it came too late.
What this means for you
The ten day eviction appeal deadline is one of the strictest deadlines in Massachusetts law. It applies to tenants and to former owners being evicted after a foreclosure. Missing it can end your case, even if you have a serious legal argument.
This case also shows that filing papers after the deadline does not fix the problem. A request for leave to file a late appeal cannot revive the ten day appeal period, because the judge has no power to extend it. And once the property has been taken back and sold to someone else, the practical options shrink further.
If you believe a moratorium, a notice defect or a foreclosure problem should stop your eviction, raise it in the trial court before judgment and appeal on time if you lose.
What to do now
- Write down the date judgment entered in your case. Count ten days from that date and treat it as your hard deadline to file a notice of appeal.
- File the notice of appeal with the court that entered the judgment, and keep a stamped copy.
- Raise every defense in the trial court, including any moratorium, notice or foreclosure argument, before judgment enters.
- Do not wait on a motion to vacate or reconsider as a substitute for a timely appeal. Ask whether you need to file both.
- Get legal help as soon as you receive an eviction summons, not after judgment.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. Housing Court deadlines are short.
