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HOUSE DOCKET, NO. 3209        FILED ON: 1/12/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1729


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 passage of the accompanying bill:

An Act to Amend the Foreclosure Statute to Require Judicial Foreclosure.






Frank I. Smizik

15th Norfolk

Michael W. Morrissey

Norfolk and Plymouth

Harriette L. Chandler

First Worcester

Sonia Chang-Díaz

Second Suffolk

James B. Eldridge

Middlesex and Worcester

Susan C. Fargo

Third Middlesex

Jennifer L. Flanagan

Worcester and Middlesex

Anthony D. Galluccio

Middlesex, Suffolk and Essex

John A. Hart, Jr.

First Suffolk

Patricia D. Jehlen

Second Middlesex

Mark C. Montigny

Second Bristol and Plymouth

Richard T. Moore

Worcester and Norfolk

Marc R. Pacheco

First Plymouth and Bristol

Kevin Aguiar

7th Bristol

Geraldo Alicea

6th Worcester

Willie Mae Allen

6th Suffolk

Carlo P. Basile

1st Suffolk

John J. Binienda

17th Worcester

William N. Brownsberger

24th Middlesex

Antonio F.D. Cabral

13th Bristol

Jennifer M. Callahan

18th Worcester

Linda Dean Campbell

15th Essex

James Cantwell

4th Plymouth

Cheryl A. Coakley-Rivera

10th Hampden

Steven J. D'Amico

4th Bristol

Stephen L. DiNatale

3rd Worcester

Paul J. Donato

35th Middlesex

Mark V. Falzone

9th Essex

David L. Flynn

8th Plymouth

Linda Dorcena Forry

12th Suffolk

Gloria L. Fox

7th Suffolk

John P. Fresolo

16th Worcester

Sean Garballey

23rd Middlesex

Anne M. Gobi

5th Worcester

Mary E. Grant

6th Essex

Denis E. Guyer

2nd Berkshire

Jonathan Hecht

29th Middlesex

Louis L. Kafka

8th Norfolk

Jay R. Kaufman

15th Middlesex

Kay Khan

11th Middlesex

Peter V. Kocot

1st Hampshire

Robert M. Koczera

11th Bristol

Barbara A. L'Italien

18th Essex

William Lantigua

16th Essex

Elizabeth A. Malia

11th Suffolk

James J. O'Day

14th Worcester District

Matthew C. Patrick

3rd Barnstable

Sarah K. Peake

4th Barnstable

Vincent A. Pedone

15th Worcester

Denise Provost

27th Middlesex

Angelo J. Puppolo, Jr.

12th Hampden

John F. Quinn

9th Bristol

Pam Richardson

6th Middlesex

Byron Rushing

9th Suffolk

Jeffrey Sánchez

15th Suffolk

Rosemary Sandlin

3rd Hampden

Tom Sannicandro

7th Middlesex

John W. Scibak

2nd Hampshire

Carl M. Sciortino, Jr.

34th Middlesex

Theodore C. Speliotis

13th Essex

Robert P. Spellane

13th Worcester

Ellen Story

3rd Hampshire

David B. Sullivan

6th Bristol

Benjamin Swan

11th Hampden

Timothy J. Toomey, Jr.

26th Middlesex

Brian P. Wallace

4th Suffolk

Steven M. Walsh

11th Essex

Martha M. Walz

8th Suffolk

Alice K. Wolf

25th Middlesex

SEE HOUSE, NO. 4735 OF 2007-2008.]

The Commonwealth of Massachusetts


In the Year Two Thousand and Nine



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 forthwith 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 Court for the county in which the property is located. A residential mortgagor may raise any and all available claims and 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. Mortgagors shall have a right of redemption for six months after the entry of judgment.

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