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Bill > S836


MA S836

To amend the foreclosure statute to require judicial foreclosure


summary

Introduced
01/22/2019
In Committee
01/22/2019
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

191st General Court

Bill Summary

For legislation to amend the foreclosure statute to require judicial foreclosure. The Judiciary.

AI Summary

This bill amends the foreclosure statute to require judicial foreclosure. Specifically, it mandates that all foreclosures of residential mortgages on 1-6 family owner-occupied properties be initiated by the filing of a foreclosure complaint in the Superior Court. The defendant-residential mortgagor can raise legal and equitable claims and defenses against the mortgagee or any related party, and the court has the authority to modify the mortgage or grant other appropriate relief to the mortgagor. The bill also requires that if service is not effected in hand, it must be effected by both posting and mailing, and the court may set aside a default judgment for good cause shown.

Committee Categories

Justice

Sponsors (10)

Last Action

Accompanied a study order, see S2496 (on 02/03/2020)

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