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MA H34

MA H34
Adopting the Uniform Assignment of Rents Act


summary

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

Introduced Session

189th General Court

Bill Summary

So much of the recommendations of the Commission on Uniform State Laws (House, No. 31) as relates to adopting the Uniform Assignment of Rents Act. The Judiciary.

AI Summary

This bill adopts the Uniform Assignment of Rents Act, which provides a standardized legal framework for how lenders can collect rent from properties when a borrower defaults on a loan secured by that property. Key provisions include defining what constitutes an "assignment of rents" (the transfer of rights to collect rent), establishing rules for how these assignments are recorded and perfected (made legally binding and effective against others), and outlining specific methods for enforcing these assignments, such as notifying the tenant to pay rent directly to the assignee (the lender or their representative) or seeking the appointment of a receiver to manage the property and collect rents. The Act also clarifies the priority of these rent assignments over other claims and addresses how collected rents should be applied, generally prioritizing expenses, then the secured obligation, and finally any subordinate liens before returning any remaining funds to the assignor (the borrower). This aims to provide clarity and consistency in commercial real estate transactions involving rent assignments.

Committee Categories

Justice

Sponsors (0)

No sponsors listed

Last Action

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

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