Bill > S1031

This bill proposes to amend Massachusetts foreclosure law by requiring judicial foreclosure for residential properties with 1-6 units that are owner-occupied. Currently, foreclosures can be conducted non-judicially, but this bill would mandate that all such foreclosures must be initiated by filing a complaint in the Superior Court where the property is located. The bill provides significant protections for homeowners by allowing them to raise various legal and equitable defenses against the mortgage lender, and it grants courts broad authority to modify or rescind mortgages, enforce consumer protection laws, and recognize void actions. The legislation also mandates specific service requirements, such as both posting and mailing if personal service cannot be achieved, and allows courts to set aside default judgments for good cause. Additionally, the bill requires that court decisions establishing the voidness of previous actions be recorded in the registry of deeds at no cost to the court. This change aims to provide homeowners with more legal protections and judicial oversight during the foreclosure process, potentially helping to prevent wrongful foreclosures and giving property owners more opportunities to contest mortgage-related actions.

Justice

https://malegislature.gov/Bills/194/S1031