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MA H1809

Bill

Status

Introduced

2/27/2025

Primary Sponsor

Patrick Kearney

Click for details

Origin

House of Representatives

194th General Court

AI Summary

  • Amends Chapter 188 of Massachusetts General Laws to allow estates with homestead property pending in probate court to obtain a mandatory stay of at least 90 days on foreclosure actions or lien enforcement

  • Requires stay applications to include documentation showing how probate proceedings prevent access to the decedent's bank accounts to make mortgage or ownership payments

  • Permits additional stays if probate proceedings continue to materially affect payment ability, with the court required to appoint counsel for the estate if additional stays are denied

  • Prohibits creditors from charging late fees during the stay period once a personal administrator is appointed, though interest on back payments is permitted

  • Allows late fees only if the court finds "good cause" such as purposeful delay by the estate administrator in obtaining probate approval

Legislative Description

Relative to protection of a deceased family member against foreclosure and other civil action

Last Action

Reported by committee to Clerk’s Office for processing, will accompany a study order

10/14/2025

Committee Referrals

Judiciary2/27/2025

Full Bill Text

No bill text available