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MA S1031

Bill

Status

Introduced

2/27/2025

Primary Sponsor

Michael Brady

Click for details

Origin

Senate

194th General Court

AI Summary

  • Requires all foreclosures on owner-occupied residential properties (1-6 family homes) to be initiated through a court complaint filed in Superior Court, rather than through non-judicial processes

  • Mandates service of process by both posting and mailing if in-hand delivery is not achieved

  • Allows homeowners to raise jurisdictional, legal, and equitable defenses against the lender, assignees, or agents, including claims under consumer protection laws (Chapter 93), anti-discrimination laws (Chapter 151B), and mortgage lending regulations (Chapters 183 and 183C)

  • Grants courts authority to rescind or modify mortgages, void improper acts, and set aside default judgments for good cause while preserving rights of tenants and legal occupants

  • Requires courts to record decisions establishing void acts in the registry of deeds at no cost to the court

Legislative Description

To amend the foreclosure statute to require judicial foreclosure

Last Action

Accompanied a study order (under JR10), see S2886

12/18/2025

Committee Referrals

Judiciary2/27/2025

Full Bill Text

No bill text available