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HOUSE DOCKET, NO. 835         FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 493

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Jeffrey Sánchez

_______________

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 prevent unnecessary vacancies in foreclosed homes.

_______________

PETITION OF:

 

Name:

District/Address:

Jeffrey Sánchez

15th Suffolk

Ruth B. Balser

12th Middlesex

Jennifer E. Benson

37th Middlesex

John J. Binienda

17th Worcester

Michael D. Brady

9th Plymouth

William N. Brownsberger

 

Antonio F. D. Cabral

13th Bristol

Linda Dorcena Forry

12th Suffolk

Gloria L. Fox

7th Suffolk

John P. Fresolo

16th Worcester

Kay Khan

11th Middlesex

Elizabeth A. Malia

11th Suffolk

James J. O'Day

14th Worcester

Denise Provost

27th Middlesex

Tom Sannicandro

7th Middlesex

John W. Scibak

2nd Hampshire

Carl M. Sciortino, Jr.

34th Middlesex

Benjamin Swan

11th Hampden

Chris Walsh

6th Middlesex

Alice K. Wolf

25th Middlesex


HOUSE DOCKET, NO. 835        FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 493

By Mr. Sánchez of Boston, a petition (accompanied by bill, House, No. 493) of Jeffrey Sánchez and others relative to occupants remaining in residences after the sale of foreclosed properties.  The Judiciary.


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act to prevent unnecessary vacancies in foreclosed homes.
 

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

              An Act to prevent unnecessary vacancies in foreclosed homes

              SECTION 1. Chapter 244 of the Massachusetts General Laws is hereby amended by inserting after Section 14A the following new section:-

              Section 14B: Occupant Remaining in Possession after Sale

              If at the time of a sale of residential real property conducted in accordance with a power in a mortgage and with Section 14 of this chapter the mortgagor continues to occupy such property in whole or in part, and if the purchaser at such sale is the mortgagee or other person exercising the power of sale or a subsidiary, parent, trustee, or agent of such mortgagee or person or if the purchaser at such sale is any other entity that engages in mortgage lending or servicing or if the purchaser at such sale is the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation or the Federal Deposit Insurance Corporation, the mortgagor, and any household members, shall be permitted to remain until binding purchase and sale agreement has been executed for a bona fide purchaser who intends to occupy the housing accommodation as such purchaser’s primary residence and who is not a foreclosing owner, where such agreement requires the housing accommodation or some portion thereof to be conveyed vacant, the foreclosure sale purchaser may initiate eviction proceedings against the mortgagor pursuant to the provisions of Chapter 239 of the General Laws.in possession of the property during the time the property is owned by the purchaser, provided the mortgagor

              (1) makes monthly rent payments to the purchaser in an amount agreed to by the mortgagor and purchaser or, in the absence of such agreement, an amount equal to the Fair Market Rent as established by the United States Department of Housing and Urban Development pursuant to 42 U.S.C. c § 1437f(o), as it exists or may be amended, for a unit of comparable size in the area in which the property is located;

              (2) does not commit a nuisance in the property or cause substantial damage to the property or create a substantial interference with the quiet enjoyment of other occupants of the property;

              (3) does not use or permit the property to be used for any illegal purpose; and

              (4) does not refuse the purchaser reasonable access to the property for the purpose of making necessary repairs or improvement required by the laws of the United States, the commonwealth or any subdivision thereof, or for the purpose of inspection as permitted or required by agreement or by law or for the purpose of showing the unit to a prospective purchaser or mortgagee provided.  

              If the mortgagor remaining in possession after sale fails to comply with the conditions set forth in this section or if a binding purchase and sale agreement has been executed for a bona fide third party to purchase the property from the foreclosure sale purchaser, the foreclosure sale purchaser may initiate eviction proceedings against the mortgagor pursuant to the provisions of Chapter 239 of the General Laws.

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