summary
Introduced
In Committee
Crossed Over
Passed
Dead
Introduced Session
187th General Court
Bill Summary
For legislation to require judicial review of foreclosures on residential mortgages. The Judiciary.
AI Summary
This bill mandates that all foreclosures on residential mortgages for properties with one to four units that are owner-occupied must begin with a formal legal action, known as a foreclosure complaint, filed in the superior court of the county where the property is located. This means that instead of a lender potentially taking possession of a home without a court's direct involvement, they must now go through a judicial process. During this process, the homeowner (referred to as the mortgagor) can present any legal arguments or defenses they have. The court will have the power to make changes to the mortgage terms or provide other suitable remedies to the homeowner, though these actions will not impact the rights of any tenants or other legal residents of the property. Additionally, the court can overturn a default judgment (a judgment made when a party fails to appear or respond) if there is a valid reason.
Committee Categories
Justice
Sponsors (15)
Frank Smizik (D)*,
Will Brownsberger (D),
Cheryl Coakley-Rivera (D),
Linda Forry (D),
Gloria Fox (D),
John Fresolo (OTHER),
Kay Khan (D),
Peter Kocot (D),
Sarah Peake (D),
Byron Rushing (D),
Tom Sannicandro (D),
John Scibak (D),
Carl Sciortino (D),
Ellen Story (D),
Benjamin Swan (D),
Last Action
Accompanied a study order, see H4364 (on 07/31/2012)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | http://www.malegislature.gov/Bills/187/House/H503 |
| State Bill Page | https://malegislature.gov/Bills/187/H503 |
| Bill | https://malegislature.gov/Bills/PDF?billId=9711&generalCourtId=1 |
| Bill | https://malegislature.gov/Bills/BillHtml/9711?generalCourtId=1 |
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