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