Bill Text: MA S1778 | 2009-2010 | 186th General Court | Introduced
Bill Title: Require judicial foreclosure
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-05 - Reporting date extended to Friday, May 7, 2010 [S1778 Detail]
Download: Massachusetts-2009-S1778-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
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 foreclosure.
_______________
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
_______________
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.
