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Bill > S928


MA S928

MA S928
To amend the foreclosure statute to require judicial foreclosure


summary

Introduced
03/29/2021
In Committee
03/29/2021
Crossed Over
Passed
Dead
12/31/2022

Introduced Session

192nd 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 in Massachusetts to require judicial foreclosure for residential mortgages on 1-6 family owner-occupied properties. Under this new law, the foreclosure process must be initiated by filing a complaint against the mortgagor in the Superior Court. The mortgagor can raise any legal or equitable claims and defenses against the mortgagee or related parties. The court has the authority to rescind or modify the mortgage, recognize the voidness of any previous actions, and provide other appropriate relief to the mortgagor, while protecting the rights of any tenants or legal occupants. The court must also record any decisions recognizing the voidness of previous acts in the appropriate registry of deeds.

Committee Categories

Justice

Sponsors (4)

Last Action

Accompanied a study order, see S2665 (on 02/07/2022)

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