SENATE DOCKET, NO. 1865        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 928

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Michael D. Brady

_________________

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:

 

Michael D. Brady

Second Plymouth and Bristol

 

Elizabeth A. Malia

11th Suffolk

2/24/2021

Joanne M. Comerford

Hampshire, Franklin and Worcester

4/1/2021

Diana DiZoglio

First Essex

5/21/2021


SENATE DOCKET, NO. 1865        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 928

By Mr. Brady, a petition (accompanied by bill, Senate, No. 928) of Michael D. Brady, Elizabeth A. Malia and Joanne M. Comerford for legislation to amend the foreclosure statute to require judicial foreclosure.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 836 OF 2019-2020.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

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

 

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

Chapter 244 is hereby amended by inserting after Section 1 the following section:-

Section 2: Foreclosure by Action: All foreclosures of residential mortgages on 1-6 family owner-occupied properties shall be initiated by the filing of a foreclosure complaint against the mortgagor in the Superior Court for the county or district in which the property is located. In addition to applicable rule, if service is not effected in hand, then it must be effected by both posting and mailing.

A defendant-residential mortgagor may raise all jurisdictional, legal and equitable claims and defenses against the mortgagee or any predecessor in interest, assignee, agent or any person or entity acting on behalf of such mortgagee. The court shall have the authority to rescind or modify the mortgage including enforcement of chapter 151B and section 64 of chapter 183 and applicable regulatory requirements, recognize the voidness of any acts where applicable, or grant any other appropriate relief as to the mortgagor but nothing in this section shall affect the rights of tenants or any 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 and shall proceed in compliance with section 27A-G of chapter 261.The court shall record in the appropriate registry of deeds, at not cost to the court, a copy of any decision recognizing and fact (s) establishing the voidness of any previous act(s) of the mortgagee, predecessors in interest or previous transferors.