SENATE DOCKET, NO. 1933        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 912

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:

SENATE DOCKET, NO. 1933        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 912

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 928 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

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 sections 102 and 103 of Chapter 93, Chapter 151B, section 64 of Chapter 183, Chapter 183C 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 person selling, predecessors in interest or assignors transferors.