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HOUSE DOCKET, NO. 374        FILED ON: 1/14/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 503


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 adoption of the accompanying bill:

An Act to amend the foreclosure statute to require judicial foreclosure.






Frank I. Smizik

15th Norfolk

Tom Sannicandro

7th Middlesex

John W. Scibak

2nd Hampshire

John P. Fresolo

16th Worcester

Sarah K. Peake

4th Barnstable

Cheryl A. Coakley-Rivera

10th Hampden

Gloria L. Fox

7th Suffolk

Peter V. Kocot

1st Hampshire

Byron Rushing

9th Suffolk

Jeffrey Sánchez

15th Suffolk

William N. Brownsberger


Ellen Story

3rd Hampshire

Linda Dorcena Forry

12th Suffolk

Kay Khan

11th Middlesex

Carl M. Sciortino, Jr.

34th Middlesex

Benjamin Swan

11th Hampden

HOUSE DOCKET, NO. 374        FILED ON: 1/14/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 503

By Mr. Smizik of Brookline, a petition (accompanied by bill, House, No. 503) of Frank I. Smizik and others for legislation to require judicial review of foreclosures on residential mortgages.  The Judiciary.


SEE HOUSE, NO. 1729 OF 2009-2010.]


The Commonwealth of Massachusetts



In the Year Two Thousand Eleven



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 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 properties shall be initiated by the filing of a foreclosure complaint against the mortgagor in the superior court for the county in which the property is located. A defendant-residential mortgagor may raise all legal and equitable claims and defenses. The court shall have the authority to modify the mortgage or grant any other appropriate relief as to the mortgagor but nothing in this section shall affect the rights of tenants or other legal occupants residing in the property that is the subject of the complaint.  The court may set aside a default judgment for good cause shown.

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