Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1730 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. 3974 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1730
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Carlos González
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 establishing a foreclosure review division.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Carlos González10th Hampden1/17/2025 1 of 6
16	16	HOUSE DOCKET, NO. 3974 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1730
18	18	By Representative González of Springfield, a petition (accompanied by bill, House, No. 1730) of
19	19	Carlos González for legislation to create a foreclosure review division as a special division of the
20	20	superior court department. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act establishing a foreclosure review division.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. The General Laws, as appearing in the 2022 Official Edition, are hereby
30	30	2amended by inserting after chapter 212 the following chapter:-
31	31	3 CHAPTER 212A
32	32	4 FORECLOSURE REVIEW DIVISION
33	33	5 Section 1. There shall be a special division of the superior court department, known as
34	34	6the foreclosure review division.
35	35	7 Section 2. The foreclosure review division shall have a presiding justice and such other
36	36	8justices as the chief justice of the trial court, in consultation with the chief justice of the superior
37	37	9court department, shall assign from among those justices of the various departments of the trial
38	38	10court with an interest in relevant areas of law. 2 of 6
39	39	11 Section 3. The chief justice of the trial court shall designate one of the judges of the
40	40	12foreclosure review division as the presiding justice of that division.
41	41	13 Section 4. (a) The foreclosure review division shall be divided into not fewer than four
42	42	14and not more than six sessions statewide, as determined by the chief justice of the trial court in
43	43	15consultation with the chief justice of the superior court department and the presiding justice of
44	44	16the division, based on factors including projected caseloads and on the convenience of litigants.
45	45	17 (b) Each session may hold its sittings in more than one location, as appropriate.
46	46	18 (c) The foreclosure review division shall provide online and other materials to assist self-
47	47	19represented litigants and shall offer alternative dispute resolution services including referral to a
48	48	20pre-foreclosure mediation program established by statute
49	49	21 Section 5. There shall be selected, as determined by the chief justice of the trial court in
50	50	22consultation with the chief justice of the superior court department and the presiding justice of
51	51	23the foreclosure review division, a court administrator, deputy court administrators if appropriate,
52	52	24court clerks, clerks for the justices, facilitators for self-represented litigants, mediators, title
53	53	25examiners, information technology personnel and any other personnel essential to the
54	54	26expeditious establishment and efficient functioning of the foreclosure review division. All
55	55	27employees who interact with litigants shall be certified neutrals.
56	56	28 Section 6. (a) Notwithstanding any general or special law to the contrary, the foreclosure
57	57	29review division shall have jurisdiction, concurrently with the other divisions of the superior court
58	58	30department and with the land court department, the housing court department and the district
59	59	31court department, over all actions involving the foreclosure or purported foreclosure of
60	60	32mortgages on residential property whether by action, by sale, by entry or otherwise, including, 3 of 6
61	61	33but not limited to: actions that concern the validity of a foreclosure or purported foreclosure. Any
62	62	34action where title has been brought in question in relation to foreclosure shall be transferred to
63	63	35the foreclosure review division including but not limited to: summary process actions to evict;
64	64	36actions to try title, to quiet title including section 12 and 13 of Chapter 244 and to remove cloud
65	65	37on title; petitions brought under Chapter 185 regarding registered title to such property; actions
66	66	38that concern the intent to foreclose or otherwise to exercise a power of sale; actions that concern
67	67	39modification of a mortgage loan; and criminal jurisdiction in matters arising out of or pertaining
68	68	40to foreclosure or attempted foreclosure.
69	69	41 (b) The foreclosure review division shall promptly transmit for recordation or
70	70	42registration, to the registry of deeds of the county or district in which the land lies, a copy of any
71	71	43final determination affecting title to land. Fee for such recordation or registration shall be waived
72	72	44for the losing party to the extent allowable under the Indigent Court Costs Laws.
73	73	45 (c) Any party to a civil action within the jurisdiction of the foreclosure review division
74	74	46that is pending in another court department or another division of the superior court department,
75	75	47or a judge of the court department or division in which the action is pending, acting on their own
76	76	48initiative, may remove or transfer that action to the foreclosure review division. No additional
77	77	49filing fee shall be charged to remove or transfer such a case. An action transferred to the
78	78	50foreclosure review division shall thereafter proceed in that division as though originally entered
79	79	51there
80	80	52 (d) In a civil action in which another court has dismissed a claim for lack of jurisdiction
81	81	53or denied a claim that is within the jurisdiction of the foreclosure review division, a party shall
82	82	54have thirty (30) days after the date of receipt of the notice of dismissal or, in the case of an 4 of 6
83	83	55appeal from the dismissal, thirty (30) days after the date of receipt of the notice of the decision,
84	84	56to remove the case into the foreclosure review division, regardless of whether the time permitted
85	85	57under the applicable statute of limitations would have expired at any time from the original
86	86	58commencement of that action to the end of this thirty (30) day period.
87	87	59 (e) Any document informing a litigant or his or her attorney of such a dismissal or denial
88	88	60shall include complete information about the right to remove the case into the foreclosure review
89	89	61division, together with instructions for doing so.
90	90	62 Section 7. The chief justice of the trial court, in consultation with the chief justice of the
91	91	63superior court department and the presiding justice of the foreclosure review division, may from
92	92	64time to time make alternative or supplemental rules, standing orders and forms of procedure to
93	93	65govern proceedings in that division.
94	94	66 Section 8. (a) There shall be an advisory board to assist the presiding justice and the
95	95	67justices of the foreclosure review division and the division’s court administrator.
96	96	68 (b) The advisory board shall consist of the Attorney General or a designee; the executive
97	97	69director of the Massachusetts office of victim assistance; a representative designated by the
98	98	70Massachusetts Alliance Against Predatory Lending and the following additional members
99	99	71appointed by the Chief Justice of the Supreme Judicial Court: one person who has significant
100	100	72experience in each of the following areas: court or business administration; information
101	101	73technology, in particular, in designing systems to assist members of the public to use information
102	102	74technology effectively; promoting judicial economy by assisting self represented litigants in
103	103	75presenting their cases effectively; mediation programs on complex topics, particularly those
104	104	76involving cases in which self represented and sophisticated parties have adverse interests; real 5 of 6
105	105	77estate title examination in the commonwealth; and at least four lawyers with significant
106	106	78experience in various relevant areas of law and litigation, including, access to justice including
107	107	79for indigent litigants and English as a second language speakers and banking, bankruptcy, civil
108	108	80rights, the Americans with Disabilities Act, consumer rights, criminal law, landlord-tenant, real
109	109	81property, secured transactions and securities and securitized trust law. At least two of the four
110	110	82lawyers will have primarily represented homeowners in preserving their homes from foreclosure
111	111	83or will have represented consumers.
112	112	84 (c) The advisory board shall choose its chair. The appointed members of that board shall
113	113	85each serve for a term of three years or for the remainder of the term of the foreclosure review
114	114	86division, whichever is less.
115	115	87 (d) The board shall advise the presiding justice and the justices of the foreclosure review
116	116	88division and the division’s court administrator on matters of judicial and administrative concern
117	117	89including, but not limited to, developments in relevant legal issues, real estate title examination,
118	118	90mediation, assisting self-represented litigants, access to justice, the impacts of structural
119	119	91discrimination and the allocation of resources based on the caseload of each of the division’s
120	120	92courts.
121	121	93 Section 9. This chapter shall be in force for a period of five years commencing
122	122	94immediately upon enactment and shall apply to all cases within the jurisdiction of the foreclosure
123	123	95review division, whether pending in one or more departments of the trial court as of the date of
124	124	96enactment or commenced after that date. 6 of 6
125	125	97 SECTION 2. Chapter 212A of the General Laws shall renew for an additional five year
126	126	98term on January 1st of the fifth year after the effective date of this Act and every five years
127	127	99thereafter unless the legislature repeals this law prior to its next renewal date.
128	128	100 SECTION 3. Any cases pending in the foreclosure review division at the conclusion of
129	129	101its final term shall be transferred to the appropriate court.
130	130	102 SECTION 4. Section 3 shall take effect upon January 1st of the year after the year in
131	131	103which the legislature votes not to renew the foreclosure court division as authorized by section 1
132	132	104of chapter 212A of the General Laws