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HOUSE DOCKET, NO. 2479 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2085
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Lenny Mirra, (BY REQUEST)
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the sale of foreclosed residential property to certain cities and towns.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Fred Mills15 Arthur Avenue Hamilton MA,
01982
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HOUSE DOCKET, NO. 2479 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2085
By Representative Mirra of Georgetown (by request), a petition (accompanied by bill, House,
No. 2085) of Fred Mills relative to the sale of foreclosed residential property to certain cities and
towns. Municipalities and Regional Government.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to the sale of foreclosed residential property to certain cities and towns.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Subsection(f) of section 35A of chapter 244 of the General Laws, as
2appearing in the 2020 Official Edition, is hereby amended by inserting after the word “banks”, in
3line 91, the following words:- and with the city or town clerk where the residential property is
4located, if the city or town has accepted section 35D.
5 SECTION 2. Said chapter 244 is hereby amended by inserting after section 35C the
6following section:-
7 Section 35D. (a) In a city or town which accepts this section, a creditor shall not cause
8publication of notice of a foreclosure sale, as required by section 14, upon certain mortgage loans
9unless it has first offered the city or town an opportunity to purchase the residential property, but
10no owner shall be under any obligation to enter into an agreement to sell such property to the city
11or town. 2 of 2
12 (b) The city or town may select a designee to act on its behalf as purchaser of the
13residential property and shall give the owner written notice of its selection. The city or town shall
14enter into a written agreement with its selected designee providing that the designee, and any of
15its successors or assigns, agree to restrict the residential property through an affordable housing
16restriction, as defined in section 31 of chapter 184. Once such an agreement is executed, the
17designee shall assume all rights and responsibilities attributable to the city or town as a
18prospective purchaser. At any time prior to a sale, the city or town may revoke its designation
19and assume the designee's rights and responsibilities, either in its own capacity or by selecting a
20new designee; provided, however, that no change in a designation shall operate to extend or alter
21any time periods for performance set forth in this section.
22 (c) The city or town may, within 90 days after it receives notice pursuant to subsection (f)
23of section 35A, submit an offer to the creditor to purchase the residential property. Failure by the
24city or town to submit a timely offer shall constitute an irrevocable waiver of the city or town's
25rights pursuant to this section and the creditor may publish a notice of a foreclosure sale. If the
26creditor accepts the city or town's initial or any revised offer, the creditor and the city or town
27shall enter into such other agreements as are necessary and appropriate to complete the sale. If
28the creditor and the city or town have not entered into an agreement to sell the property to the
29city or town within 90 days after receipt of the notice pursuant to subsection (f) of section 35A,
30the creditor may publish a notice of a foreclosure sale.