HOUSE DOCKET, NO. 1812        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1617

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Frank I. Smizik

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to amend the foreclosure statute to require judicial foreclosure.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Frank I. Smizik

15th Norfolk

1/17/2013

Kay Khan

11th Middlesex

 

Stephen L. DiNatale

3rd Worcester

 

Benjamin Swan

11th Hampden

 

Tom Sannicandro

7th Middlesex

 

Jay R. Kaufman

15th Middlesex

 

John P. Fresolo

16th Worcester

 

Martha M. Walz

8th Suffolk

 

James R. Miceli

19th Middlesex

 

Denise Andrews

2nd Franklin

 

Patricia D. Jehlen

Second Middlesex

 

Daniel A. Wolf

Cape and Islands

 

Michael D. Brady

9th Plymouth

 

Carlos Henriquez

5th Suffolk

 


HOUSE DOCKET, NO. 1812        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1617

By Mr. Smizik of Brookline, a petition (accompanied by bill, House, No. 1617) of Frank I. Smizik and others for legislation to require judicial review of foreclosures on residential mortgages.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 503 OF 2011-2012.]

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act to amend the foreclosure statute to require judicial foreclosure.

 

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to protect citizens of the Commonwealth involved in the mortgage foreclosure crisis, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 244 is hereby amended by inserting after Section 1 the following section:–

Section 2. Foreclosure by Complaint: All foreclosures of residential mortgages on 1-4 family owner-occupied properties shall be initiated by the filing of a foreclosure complaint against the mortgagor in the superior court for the county in which the property is located. A defendant-residential mortgagor may raise all legal and equitable claims and defenses. The court shall have the authority to modify the mortgage or grant any other appropriate relief as to the mortgagor but nothing in this section shall affect the rights of tenants or other legal occupants residing in the property that is the subject of the complaint. The court may set aside a default judgment for good cause shown.