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SENATE DOCKET, NO. 443         FILED ON: 1/16/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 753

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Thomas P. Kennedy

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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:

Thomas P. Kennedy

Second Plymouth and Bristol

Kay Khan

11th Middlesex

Gale D. Candaras

First Hampden and Hampshire


SENATE DOCKET, NO. 443        FILED ON: 1/16/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 753

By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 753) of Thomas P. Kennedy, Kay Khan and Gale D. Candaras for legislation to amend the foreclosure statute to require judicial foreclosure.  The Judiciary. 

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 809 OF 2011-2012.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

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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:
 

              SECTION 1. Chapter 244 is hereby amended by inserting after Section 1 the following section:–

              Section 2: Foreclosure by Complaint: All foreclosures of residential mortgages on 1-4 family owner-occupied properties shall be initiated by the filing of a foreclosure complaint against the mortgagor in the superior court for the county in which the property is located. Such filing shall include notice pursuant to 50 U.S.C. App. sec. 501 et seq., the Service Members Civil Relief Act (“SCRA”) as it exists or may be amended, and no additional filing in the Land Court, pursuant to SCRA shall be required.  A defendant-residential mortgagor may raise all legal and equitable claims and defenses. The court shall have the authority to modify the mortgage or grant any other appropriate relief as to the mortgagor but nothing in this section shall affect the rights of tenants or other 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.

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