Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1596 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1012 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1596
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patrick Joseph Kearney
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to protection of a deceased family member against foreclosure and other civil
13	13	action.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Patrick Joseph Kearney4th Plymouth1/17/2023Vanna Howard17th Middlesex1/31/2023 1 of 2
17	17	HOUSE DOCKET, NO. 1012 FILED ON: 1/17/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1596
19	19	By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 1596) of
20	20	Patrick Joseph Kearney and Vanna Howard relative to protection of deceased family members
21	21	against foreclosure and other civil action. The Judiciary.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 1703 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act relative to protection of a deceased family member against foreclosure and other civil
30	30	action.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 Chapter 188 of the General Laws is hereby amended by adding the following section
34	34	2after Section 2(d) in line 42 :
35	35	3 SECTION 2A: This section applies to a creditor's foreclosure action or enforcement of a
36	36	4lien on an estate of homestead, which at the time of filing an application under this section is
37	37	5within probate court to obtain the appointment of a personal representative. At any stage before
38	38	6final judgment in a civil action or proceeding in which an estate described in this section is a
39	39	7party, the court may on its own motion and shall, upon application by the homestead, stay the
40	40	8action for the period of not less than 90 days, if the estate submits an application for stay
41	41	9including: 2 of 2
42	42	10 1. A letter or other communication setting forth facts stating the manner in which
43	43	11current probate proceedings materially affect the ability of the decedent's estate to make
44	44	12payments for the recurring costs of ownership.
45	45	13 2. A letter or other communication from the decedent's bank stating that the probate
46	46	14proceeding prohibits the estate's future administrator from accessing the decedent's accounts to
47	47	15make payments.
48	48	16 An application for a stay under this section does not constitute an appearance for
49	49	17jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense.
50	50	18 An estate of homestead which is granted a stay of a civil action or proceeding under
51	51	19subsection (b) may apply for an additional + stay based on continuing material affect of an
52	52	20ongoing probate proceeding on the decedent's ability to make payments. The same information
53	53	21required for the first application shall be included in subsequent applications.
54	54	22 If the court refuses to grant an additional stay of proceedings, the court shall appoint
55	55	23counsel to represent the homestead in the action or proceeding.
56	56	24 Once the probate court has appointed a personal administrator for the estate, a creditor
57	57	25may bring claims for back payments with interest. However the creditor may not charge fees
58	58	26based on the lateness of the payment unless the court finds, in its discretion and if the equities so
59	59	27require, good cause exists to assess such payments. Good cause includes but is not limited to
60	60	28purposeful or untimely delay by the subsequently authorized administrator to get court approval
61	61	29to probate the estate.