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Bill > H1640


MA H1640

MA H1640
Establishing a foreclosure review division of the Superior Court


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

Relative to Superior Court foreclosure procedures. The Judiciary.

AI Summary

This bill establishes a new division within the Superior Court called the Foreclosure Review Division, which will handle all cases related to the foreclosure of residential property mortgages, including disputes over the validity of foreclosures, eviction proceedings (summary process), and issues concerning property titles. This division will have its own presiding justice and other assigned justices, and will be divided into several sessions across the state, with locations chosen for the convenience of those involved in legal cases. To aid individuals representing themselves without a lawyer (pro se litigants), the division will provide online resources and alternative dispute resolution services, and will be staffed with specialized personnel like mediators and title examiners. The division's jurisdiction will overlap with existing courts, and cases already in other courts can be transferred to it without additional fees, with a special provision allowing parties to file cases within 30 days of a dismissal or adverse decision, even if the normal time limit has passed. An advisory board composed of various legal and administrative experts will assist the division's leadership. This new division is initially set up for a five-year period, with the possibility of automatic renewal for subsequent five-year terms unless the legislature votes to end it, and a specific section of the bill outlines the repeal of this new chapter under certain conditions related to non-renewal.

Committee Categories

Justice

Sponsors (36)

Last Action

Accompanied a study order, see H4706 (on 10/24/2016)

bill text


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