Skip to Content


SENATE DOCKET, NO. 1336         FILED ON: 1/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 771

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

James B. Eldridge

_______________

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 relative to assuring the integrity of mortgage foreclosure .

_______________

PETITION OF:

 

Name:

District/Address:

James B. Eldridge

 

Patricia D. Jehlen

 

James J. Dwyer

30th Middlesex

Sonia Chang-Diaz

 

Stephen L. DiNatale

3rd Worcester

Ellen Story

3rd Hampshire


SENATE DOCKET, NO. 1336        FILED ON: 1/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 771

By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 771) of James B. Eldridge, Patricia D. Jehlen, James J. Dwyer, Sonia Chang-Diaz and other members of the General Court for legislation relative to assuring the integrity of mortgage foreclosure .  The Judiciary. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act relative to assuring the integrity of mortgage foreclosure .
 

              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. Section 1 of chapter 244 of the General Laws is hereby amended by adding the following new sentence at the end therof:  “Notwithstanding the foregoing, unless at the time of entry the holder of record of the mortgage is the note holder or the note holder’s representative identified under section 15B, and the information required under section 6C of chapter 183 of the General Laws with respect to such holder or with respect to such representative under section 15B is recorded, such entry shall be of no force or effect and the mortgage may be foreclosed only by action under this chapter.”

              SECTION 2. Section 14 of chapter 244 of the General Laws is hereby amended by adding the following new sentence at the end thereof:  “Notwithstanding the foregoing, unless at the time of first publication of notice of sale the holder of record of the mortgage is the note holder or the note holder’s representative identified in accordance with section 15B and the information required under section 6C of chapter 183 of the General Laws with respect to such holder or with respect to such representative under section 15B is recorded, the power of sale may be exercised only under section 11 of this chapter and any sale without action shall be void.”

              SECTION 3. Chapter 244 of the General Laws is hereby amended by adding at the end of section 15A the following new sections: 

              Section 15B. Affidavit of Representative of Note Holder

              A person named as mortgagee of record who acts as trustee or in other fiduciary capacity for the persons owning the rights of the note holder may sign an affidavit, executed under the penalties of perjury, fully and particularly stating his authority to act for such persons, attesting to have the note or an accurate copy of the note and accurate record of the borrower’s default, and stating a business address, mail address or post office address of the person, to be recorded in the registry of deeds for the county or district where the land lies, with a note or reference thereto on the margin of the record of the mortgage deed, if it is recorded in the same registry. If the affidavit shows that such person has full authority of a note holder to deal with the borrower with respect to the note and attests to having the note or an accurate copy of the note and accurate record of the borrower’s default, such person shall have the authority of the note holder to foreclose by entry under section 1 or by the power of sale without action under section 14 of this chapter.

              Section 15C. Affidavit of Address of Mortgagee or Assignee or Representative

              A person named as mortgagee of record under a mortgage or assignment of a mortgage that does not contain the information required under Section 6C of chapter 183 of the General Laws may sign an affidavit, executed under the penalties of perjury, stating such information, to be recorded in the registry of deeds for the county or district where the land lies, with a note or reference thereto on the margin of the record of the mortgage deed, if it is recorded in the same registry.

The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Error