Skip to Content


SENATE DOCKET, NO. 1546         FILED ON: 1/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 676

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Sonia Chang-Diaz

_______________

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 require judicial foreclosure..

_______________

PETITION OF:

 

Name:

District/Address:

Sonia Chang-Diaz

 

Cory Atkins

14th Middlesex

Denise Provost

27th Middlesex

James B. Eldridge

 

Thomas P. Kennedy

 


SENATE DOCKET, NO. 1546        FILED ON: 1/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 676

By Ms. Chang-Diaz, a petition (accompanied by bill, Senate, No. 676) of Sonia Chang-Diaz, Cory Atkins, Denise Provost, James B. Eldridge and others for legislation to require judicial foreclosure.  The Judiciary. 

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1613 OF 2009-2010.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act 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 property located in the commonwealth can only be initiated by the filing of a foreclosure complaint in the Superior or Housing Court for the county in which the property is located. A residential mortgagor may raise any and all available defenses to the foreclosure and to the contract for the underlying mortgage loan, in law and in equity. The court shall have the authority to modify the mortgage or grant any other appropriate relief.

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