Bill > S871

This bill establishes a specialized Foreclosure Review Division within the Superior Court department to address cases related to the recent mortgage foreclosure crisis, aiming for a just and expeditious resolution of these matters, including title disputes. This new division will have a presiding justice and other justices, and will be organized into four to six sessions across the state, with locations determined by caseload and convenience. The division will offer resources and alternative dispute resolution services to assist individuals representing themselves in court (pro se litigants). It will also be staffed with a court administrator, clerks, mediators, title examiners, and other essential personnel. The Foreclosure Review Division will have concurrent jurisdiction with other court departments over a wide range of foreclosure-related actions, including those concerning the validity of foreclosures, eviction proceedings (summary process), title disputes, notices of right to cure or intent to foreclose, and loan modifications, regardless of how these issues are raised in a case. The division is mandated to promptly send final determinations affecting land title to the registry of deeds without charge. Cases currently in other courts that fall under the division's jurisdiction can be transferred, and there will be a special 30-day window for parties to file cases in the division even if the statute of limitations has expired, provided the dismissal or denial was due to a lack of jurisdiction. The bill also creates an advisory board composed of various officials and appointed members with expertise in areas like court administration, technology, mediation, and real estate law, to assist the division's leadership. This new division is established for an initial five-year period, with provisions for automatic renewal for subsequent five-year terms unless the legislature repeals the law.