MA S763

Bill

To amend the foreclosure statute to require judicial foreclosure

Introduced
01/23/2017

In Committee
01/23/2017

Crossed Over

Passed

Dead
12/31/2018

Introduced Session

190th General Court

Bill Summary

For legislation to amend the foreclosure statute to require judicial foreclosure. The Judiciary.

AI Summary

This bill amends the foreclosure statute in Massachusetts to require judicial foreclosure. Specifically, it mandates that all foreclosures of residential mortgages on 1-4 family owner-occupied properties be initiated by filing a foreclosure complaint in the Superior Court. This allows the defendant-residential mortgagor to raise any legal and equitable claims and defenses against the mortgagee or any related party. The court has the authority to modify the mortgage or grant other appropriate relief to the mortgagor, though the rights of tenants or other legal occupants are not affected. Additionally, the court may set aside a default judgment for good cause shown.

Committee Categories

Justice

Sponsors (7)

Michael Brady (D), Michelle DuBois (D), Jennifer Flanagan (D), Kay Khan (D), Elizabeth Malia (D), Denise Provost (D), Bud Williams (D),

Last Action

Accompanied a study order, see S2313 (on 03/01/2018)

Official Document

https://malegislature.gov/Bills/190/S763

(6 Companion Bills)

Version:

Document Type	Source Location
State Bill Page	https://malegislature.gov/Bills/190/S763
Bill	https://malegislature.gov/Bills/190/S763.pdf

Bill	Bill Name	Last Action	Type
H2349	To amend the foreclosure statute to require judicial foreclosure	Accompanied a study order, see H4874	Similar To
H2615	To sustain community preservation revenue	Accompanied a new draft, see H3662	Similar To
H569	To prohibit the issuance of mortgages to persons convicted of arson	Accompanied a study order, see H4778	Similar To
H790	To increase transparency in the Massachusetts land record systems to protect the property rights of homeowners and businesses	Accompanied a study order, see H4874	Similar To
S2313	Order relative to authorizing the joint committee on the Judiciary to make an investigation and study of certain current Senate documents relative to issues before the joint committee on the Judiciary	Discharged to the committee on Senate Rules	Replaced by
S795	To clarify homestead estates	Bill reported favorably by committee and referred to the committee on Senate Rules	Similar To

Bill > S763

MA S763

summary

Introduced Session

Bill Summary

AI Summary

Committee Categories

Sponsors (7)

Last Action

Official Document

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