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| 2 | 2 | | SENATE DOCKET, NO. 270 FILED ON: 1/10/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1031 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Michael D. Brady |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to amend the foreclosure statute to require judicial foreclosure. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Michael D. BradySecond Plymouth and Norfolk 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 270 FILED ON: 1/10/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1031 |
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| 18 | 18 | | By Mr. Brady, a petition (accompanied by bill, Senate, No. 1031) of Michael D. Brady for |
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| 19 | 19 | | legislation to amend the foreclosure statute to require judicial foreclosure. The Judiciary. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE SENATE, NO. 912 OF 2023-2024.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act to amend the foreclosure statute to require judicial foreclosure. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 Chapter 244 is hereby amended by inserting the following section:- |
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| 31 | 31 | | 2 Foreclosure by Action: All foreclosures of residential mortgages on 1-6 family owner- |
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| 32 | 32 | | 3occupied properties shall be initiated by the filing of a foreclosure complaint against the |
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| 33 | 33 | | 4mortgagor in the Superior Court for the county or district in which the property is located. In |
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| 34 | 34 | | 5addition to applicable rule, if service is not effected in hand, then it must be effected by both |
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| 35 | 35 | | 6posting and mailing. |
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| 36 | 36 | | 7 A defendant-residential mortgagor may raise all jurisdictional, legal and equitable claims |
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| 37 | 37 | | 8and defenses against the mortgagee or any predecessor in interest, assignee, agent or any person |
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| 38 | 38 | | 9or entity acting on behalf of such mortgagee. The court shall have the authority to rescind or |
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| 39 | 39 | | 10modify the mortgage including enforcement of sections 102 and 103 of Chapter 93, Chapter 2 of 2 |
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| 40 | 40 | | 11151B, section 64 of Chapter 183, Chapter 183C and applicable regulatory requirements, |
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| 41 | 41 | | 12recognize the voidness of any acts where applicable, or grant any other appropriate relief as to |
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| 42 | 42 | | 13the mortgagor but nothing in this section shall affect the rights of tenants or any legal occupants |
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| 43 | 43 | | 14residing in the property that is the subject of the complaint. The court may set aside a default |
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| 44 | 44 | | 15judgment for good cause shown and shall proceed in compliance with section 27A-G of chapter |
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| 45 | 45 | | 16261. |
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| 46 | 46 | | 17 The court shall record in the appropriate registry of deeds, at not cost to the court, a copy |
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| 47 | 47 | | 18of any decision recognizing and fact (s) establishing the voidness of any previous act(s) of the |
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| 48 | 48 | | 19person selling, predecessors in interest or assignors transferors. |
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