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December 11, 2023 Clouds | 41°F
The 193rd General Court of the Commonwealth of Massachusetts

Bill S.952 192nd (2021 - 2022)

An Act to establish a moratorium on non-judicial residential foreclosure

By Mr. Collins, a petition (accompanied by bill, Senate, No. 952) of Nick Collins for legislation to establish a moratorium on non-judicial residential foreclosure. The Judiciary.

Bill Information

Nick Collins

Emergency Preamble

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to facilitate forthwith the just, expeditious and final resolution of cases involving the recent crisis in foreclosures of mortgages on real property, including determinations of real estate title if necessary; 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 and jurisdiction to foreclose, yet the homeowner has no day in court beforehand; and whereas 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 by 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 convenience.

Bill History

Displaying 4 actions for Bill S.952
Date Branch Action
3/29/2021 Senate Referred to the committee on The Judiciary
3/29/2021 House House concurred
7/27/2021 Joint Hearing scheduled for 08/03/2021 from 10:00 AM-02:00 PM in Virtual Hearing
2/7/2022 Senate Accompanied a study order, see S2665

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