Skip to Content

Download PDF

SENATE DOCKET, NO. 1642        FILED ON: 1/14/2009

SENATE  .   .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1778


The Commonwealth of Massachusetts



Michael W. Morrissey


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 require judicial f oreclosure.






Michael W. Morrissey

Norfolk and Plymouth

Anthony D. Galluccio

Middlesex, Suffolk and Essex

Robert A. O'Leary

Cape and Islands

James B. Eldridge

Middlesex and Worcester

John A. Hart, Jr.

First Suffolk

Mark C. Montigny

Second Bristol and Plymouth

Patricia D. Jehlen

Second Middlesex

Denise Provost

27th Middlesex

Jennifer L. Flanagan

Worcester and Middlesex

SEE SENATE, NO. S02662 OF 2007-2008.]

The Commonwealth of Massachusetts


In the Year Two Thousand and Nine



An Act 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 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.

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.