Skip to Content

Download PDF

SENATE DOCKET, NO. 1649        FILED ON: 1/14/2009

SENATE  .   .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1613


The Commonwealth of Massachusetts



Sonia Chang-D í az


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.






Sonia Chang-Díaz

Second Suffolk

Marc R. Pacheco

First Plymouth and Bristol

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

The Commonwealth of Massachusetts


In the Year Two Thousand and Nine



An Act 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, a nd by the authority of the same, as follows:

SECTION 1. Chapter 244 is hereby amended by inserting after Se ction 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. 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.