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HOUSE DOCKET, NO. 1812        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1617


The Commonwealth of Massachusetts



Frank I. Smizik


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.






Frank I. Smizik

15th Norfolk

Kay Khan

11th Middlesex

Stephen L. DiNatale

3rd Worcester

Benjamin Swan

11th Hampden

Tom Sannicandro

7th Middlesex

Jay R. Kaufman

15th Middlesex

John P. Fresolo

16th Worcester

Martha M. Walz

8th Suffolk

James R. Miceli

19th Middlesex

Denise Andrews

2nd Franklin

Patricia D. Jehlen

Second Middlesex

Daniel A. Wolf

Cape and Islands

Michael D. Brady

9th Plymouth

Carlos Henriquez

5th Suffolk

HOUSE DOCKET, NO. 1812        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1617

By Mr. Smizik of Brookline, a petition (accompanied by bill, House, No. 1617) of Frank I. Smizik and others for legislation to require judicial review of foreclosures on residential mortgages.  The Judiciary. 


SEE HOUSE, NO. 503 OF 2011-2012.]


The Commonwealth of Massachusetts



In the Year Two Thousand Thirteen



An Act to amend the foreclosure statute to require judicial foreclosure.


              Whereas, The deferred operation of this act would tend to defeat its purpose, which is to protect citizens of the Commonwealth involved in the mortgage foreclosure crisis, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

              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. 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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