Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3953

Introduced
6/29/23  

Caption

To establish a resolution trust fund for receipt of reasonable mortgage payments

Impact

The creation of the Resolution Trust Fund represents a significant shift in the handling of problematic mortgage loans in Massachusetts. The bill proposes that assets collected in the trust fund will be utilized to modify predatory loan terms, ensuring they meet standard prime lending characteristics. This would grant the Commonwealth the authority to directly influence questionable mortgage terms and provide necessary support to homeowners at risk of foreclosure. Additionally, funds from this initiative are expected to contribute towards restoring the community's tax base and aiding in economic recovery.

Summary

House Bill 3953, introduced by Representatives Michelle M. DuBois and Angelo J. Puppolo, aims to establish a Resolution Trust Fund in Massachusetts. This fund is designed to receive and manage residential mortgages, particularly those affected by predatory lending practices where the mortgagee or note owner cannot be identified. The bill seeks to address the negative impact of predatory loans on the economy, municipal tax base, and residents who have suffered as a result of such financial practices. By facilitating the management of these mortgages, the state intends to rebuild affected neighborhoods and enhance financial stability for residents.

Contention

Despite its intentions, the bill has faced contention regarding the scope of state intervention in private mortgage agreements and potential strain on resources dedicated to administering the trust fund. Critics may argue that establishing a state-run fund could lead to bureaucratic inefficiencies or lack of responsiveness compared to private market solutions. Furthermore, concerns surrounding long-term funding and administrative overhead have emerged, as well as the challenge of ensuring equitable distribution of funds to areas most affected by predatory lending practices.

Companion Bills

MA H4705

Replaced by Industry insurance, banking and other related matters

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