Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1983

Introduced
2/27/25  

Caption

Relative to unlawful practices in the servicing and foreclosure of a subordinate mortgage

Impact

If passed, H1983 would amend Chapter 244 of the Massachusetts General Laws, imposing stricter requirements on creditors regarding their treatment of borrowers in relation to subordinate mortgages. Notably, the bill establishes clear definitions and expectations for creditor behavior, aiming to prevent practices that may be harmful to consumers, such as failing to communicate with borrowers or providing incorrect information about loan balances. This change is expected to have positive implications for homeowners, enhancing their rights and reinforcing consumer protections in the real estate sector.

Summary

House Bill 1983 aims to establish regulations surrounding the servicing and foreclosure processes related to subordinate mortgages in Massachusetts. The bill redefines subordinate mortgages and outlines specific unlawful practices that must be avoided by creditors and servicers. It includes requirements for providing timely written communications to borrowers, periodic statements, and necessary notices related to loan servicing and foreclosure actions. This legislative effort is intended to enhance transparency and accountability in mortgage transactions, particularly in protecting consumers during foreclosure proceedings.

Contention

One potential point of contention surrounding H1983 is its implications for creditors and their operational procedures. Some lenders might argue that the regulations could create additional burdens in their servicing processes, leading to concerns about increased costs and potential constraints on foreclosure activities. The bill could face opposition from financial institutions that may perceive these requirements as restrictive or punitive. However, proponents advocate that the law is essential for preventing abuses in the mortgage servicing industry and ensuring that borrowers are treated fairly, especially in vulnerable situations such as foreclosure.

Companion Bills

No companion bills found.

Previously Filed As

MA H1083

To facilitate alternatives to foreclosure

MA H942

Establishing a Massachusetts foreclosure prevention program

MA S653

Establishing a Massachusetts foreclosure prevention program

MA H2036

Enabling municipal pre-foreclosure mediation

MA S1104

Protecting homeowners from unnecessary foreclosures

MA H1404

Protecting homeowners from unnecessary foreclosures

MA S626

For a right of first refusal for foreclosed property (Foreclosure TOPA)

MA H1162

For a right of first refusal for foreclosed property (Foreclosure TOPA)

MA S1879

Relative to the relief of mortgage debt

MA S912

To amend the foreclosure statute to require judicial foreclosure

Similar Bills

MA S1071

Relative to unlawful practices in the servicing and foreclosure of a subordinate mortgage

NJ A3154

Provides forbearance of residential mortgage foreclosures under certain circumstances; places additional requirements on attorneys, residential mortgage lenders, and courts, as part of foreclosure process.

NJ A865

Provides forbearance of residential mortgage foreclosures under certain circumstances; places additional requirements on attorneys, residential mortgage lenders, and courts, as part of foreclosure process.

VA HB184

Foreclosure procedures; subordinate mortgage, affidavit required.

DC B25-0485

Uniform Commercial Real Estate Receivership Act of 2023

CA AB1193

Real property: property records: personal identifying information.

TX HB3021

Relating to assignment of rents to holders of certain security interests in real property.

TX SB848

Relating to assignment of rents to holders of certain security interests in real property.