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MA S1031
Bill
Status
2/27/2025
Primary Sponsor
Michael Brady
Click for details
AI Summary
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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
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Mandates service of process by both posting and mailing if in-hand delivery is not achieved
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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)
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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
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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