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November 25, 2024 Clouds | 38°F
The 193rd General Court of the Commonwealth of Massachusetts

Bill H.1482 191st (2019 - 2020)

An Act relative to a jubilee foreclosure moratorium

By Ms. Khan of Newton (by request), a petition (accompanied by bill, House, No. 1482) of David Snieckus and Mike Connolly for legislation to establish a two-year moratorium on the non-judicial foreclosures. The Judiciary.

Bill Information

 Presenting Legislator is not a sponsor of this measure.

Presenter:
Kay Khan (By Request)

Emergency Preamble

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to Whereas, Massachusetts non-judicial foreclosure laws have permitted the foreclosure of tens of thousands of owner-occupied homes where the foreclosing entity falsely purports to have authority an jurisdiction to foreclose, yet the homeowner has no day in court beforehand; and the deferred operation of this act would tend to defeat its purpose, which echoes that of the 1692 Massachusetts statute of frauds, in a period of comparably high percentages of foreclosure, whose preamble set forth the mischief it sought to halt as: “For prevention of many fraudulent practices which are commonly endeavored to be upheld by perjury and subornation of perjury”, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Committee Fiscal Amount

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