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HOUSE DOCKET, NO. 3480        FILED ON: 1/14/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1510

 

The Commonwealth of Massachusetts

_______________

PRESENTED BY:

William Lantigua

_______________

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 establish a temporary moratorium on foreclosures in the Commonwealth.

_______________

PETITION OF:

 

Name:

District/Address:

Carlo P. Basile

1st Suffolk

William N. Brownsberger

24th Middlesex

William Lantigua

16th Essex

Rosemary Sandlin

3rd Hampden

Brian P. Wallace

4th Suffolk

Geraldo Alicea

6th Worcester

Matthew C. Patrick

3rd Barnstable

Gloria L. Fox

7th Suffolk

John W. Scibak

2nd Hampshire

Willie Mae Allen

6th Suffolk

Timothy J. Toomey, Jr.

26th Middlesex

Alice K. Wolf

25th Middlesex

Linda Dorcena Forry

12th Suffolk

Marc R. Pacheco

First Plymouth and Bristol

Anthony D. Galluccio

Middlesex, Suffolk and Essex

Theodore C. Speliotis

13th Essex

Martha M. Walz

8th Suffolk

Mark C. Montigny

Second Bristol and Plymouth

Sarah K. Peake

4th Barnstable

Bruce E. Tarr

First Essex and Middlesex

Pam Richardson

6th Middlesex

Elizabeth A. Malia

11th Suffolk

Stephen L. DiNatale

3rd Worcester

David L. Flynn

8th Plymouth

Barbara A. L'Italien

18th Essex

David B. Sullivan

6th Bristol

Jay R. Kaufman

15th Middlesex

Frank I. Smizik

15th Norfolk

Carl M. Sciortino, Jr.

34th Middlesex

Joyce A. Spiliotis

12th Essex

Byron Rushing

9th Suffolk

James J. O'Day

14th Worcester District

James Cantwell

4th Plymouth

Robert M. Koczera

11th Bristol

Vincent A. Pedone

15th Worcester

Steven J. D'Amico

4th Bristol

John P. Fresolo

16th Worcester

John F. Quinn

9th Bristol

James B. Eldridge

Middlesex and Worcester

Jennifer M. Callahan

18th Worcester

Denise Provost

27th Middlesex

Kay Khan

11th Middlesex

Paul McMurtry

11th Norfolk

Christopher J. Donelan

2nd Franklin

Kevin Aguiar

7th Bristol

Denis E. Guyer

2nd Berkshire

Robert F. Fennell

10th Essex

Sean Garballey

23rd Middlesex

Antonio F.D. Cabral

13th Bristol

Paul J. Donato

35th Middlesex

Ellen Story

3rd Hampshire

Benjamin Swan

11th Hampden

Peter v. Kocot

1st Hampshire

Anne M. Gobi

5th Worcester

Lida E. Harkins

13th Norfolk


[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4733 OF 2007-2008.]

The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand and Nine

_______________



 

An Act to establish a temporary moratorium on foreclosures in the Commonwealth.


WHEREAS the deferred operation of this act would tend to defeat its purpose, which is to protect citizens of the Commonwealth, therefore it is hereby declared to be an emergency law necessary for the immediate protection of the public.

              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.   Notwithstanding the provisions of any general or special law to the contrary, no foreclosures shall be conducted for a period of one hundred and eighty (180) days after the effective date of this section, on any residential real estate located in the Commonwealth having a dwelling house with accommodations for four or less separate households and occupied in whole or in part by an obligor on the mortgage debt, on a ny mortgage from which is presumptively unfair by virtue of having one of the following:

 

(a) adjustable rate loans with an introductory period of three years or less; and a debt-to income ratio in excess of 50 percent under the fully indexed rate; and a loan-to-value ratio of 97 percent or greater, or substantial pre-payment penalties or pre-payment penalties that extend beyond the introductory period;

              (b) inte rest only loans ;

              (c) loans with high points, fees or interest in violation of the Predatory Home Loan Practices Act, G.L. c. 183C §2.

 

No register of deeds or assistant recorder of the land court shall accept for recording or filing for registration any foreclosure deed pursuant to a foreclosure conducted in violation of this act during said 180-day period.

 

During the 180-day moratorium period, mortgage holders shall provide an authorized representative to enter into good faith negotiations with borrower s who so request, to modify the terms of their mortgages , including, reducing the principal, lowering the interest rate, eliminating pre-payment penalties, and other fees and costs so that qualified homeowners can obtain affordable mortgages that will allo w them to stay in their homes.  No fees or penalties shall accrue during the moratorium period.

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