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

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

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael W. Morrissey

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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 passage of the accompanying bill:

An Act to require judicial f oreclosure.

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PETITION OF:

 

Name:

District/Address:

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


[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. S02662 OF 2007-2008.]

The Commonwealth of Massachusetts
 

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In the Year Two Thousand and Nine

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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.

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