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MA H1983
Bill
Status
2/27/2025
Primary Sponsor
Amy Sangiolo
Click for details
AI Summary
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Defines unlawful practices for subordinate mortgage servicing, including failing to communicate with borrowers for 12+ cumulative months, failing to provide required periodic statements, and demanding payment after the statute of limitations has expired
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Requires creditors to serve borrowers with a sworn notice alongside the right-to-cure notice, verifying they reviewed the loan history and did not engage in unlawful practices
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Allows borrowers to petition the court before foreclosure sale to stay proceedings; courts may bar enforcement of part or all of the debt if unlawful practices are found
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Courts may order remedies including waiving interest and fees, releasing liens, ceasing collection activity, deleting credit report tradelines, and setting aside completed foreclosure sales
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Violations constitute automatic Chapter 93A consumer protection violations with liability for actual damages, punitive damages, and attorney's fees; Attorney General may enforce and recommend license revocation
Legislative Description
Relative to unlawful practices in the servicing and foreclosure of a subordinate mortgage
Last Action
Reported by committee to Clerk’s Office for processing, will accompany a study order
10/10/2025