Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1140 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 491 FILED ON: 1/13/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1140
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Edward J. Kennedy
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 :Edward J. KennedyFirst Middlesex 1 of 6
16	16	SENATE DOCKET, NO. 491 FILED ON: 1/13/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1140
18	18	By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 1140) of Edward J. Kennedy for
19	19	legislation to establish a foreclosure review division. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 1017 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act establishing a foreclosure review division.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. The General Laws, as appearing in the 2022 Official Edition, are hereby
31	31	2amended by inserting after chapter 212 the following chapter:- CHAPTER 212A
32	32	3 FORECLOSURE REVIEW DIVISION
33	33	4 Section 1. There shall be a special division of the superior court department, known as
34	34	5the foreclosure review division.
35	35	6 Section 2. The foreclosure review division shall have a presiding justice and such other
36	36	7justices as the chief justice of the trial court, in consultation with the chief justice of the superior
37	37	8court department, shall assign from among those justices of the various departments of the trial
38	38	9court with an interest in relevant areas of law. 2 of 6
39	39	10 Section 3. The chief justice of the trial court shall designate one of the judges of the
40	40	11foreclosure review division as the presiding justice of that division.
41	41	12 Section 4. (a) The foreclosure review division shall be divided into not fewer than four
42	42	13and not more than six sessions statewide, as determined by the chief justice of the trial court in
43	43	14consultation with the chief justice of the superior court department and the presiding justice of
44	44	15the division, based on factors including projected caseloads and on the convenience of litigants.
45	45	16 (b) Each session may hold its sittings in more than one location, as appropriate.
46	46	17 (c) The foreclosure review division shall provide online and other materials to assist self-
47	47	18represented litigants and shall offer alternative dispute resolution services.
48	48	19 Section 5. There shall be selected, as determined by the chief justice of the trial court in
49	49	20consultation with the chief justice of the superior court department and the presiding justice of
50	50	21the foreclosure review division, a court administrator, deputy court administrators if appropriate,
51	51	22court clerks, clerks for the justices, facilitators for self-represented litigants, mediators, title
52	52	23examiners, information technology personnel and any other personnel essential to the
53	53	24expeditious establishment and efficient functioning of the foreclosure review division.
54	54	25 Section 6. (a) Notwithstanding any general or special law to the contrary, the foreclosure
55	55	26review division shall have jurisdiction, concurrently with the other divisions of the superior court
56	56	27department and with the land court department, the housing court department and the district
57	57	28court department, over all actions involving the foreclosure or purported foreclosure of
58	58	29mortgages on residential property whether by action, by sale, by entry or otherwise, including,
59	59	30but not limited to: actions that concern the validity of a foreclosure or purported foreclosure;
60	60	31post-foreclosure summary process actions to evict; actions to try title, to quiet title and to remove 3 of 6
61	61	32cloud on title; and actions that may otherwise involve questions concerning title to such property;
62	62	33petitions brought under Chapter 185 regarding registered title to such property; actions that
63	63	34concern notices regarding a right to cure a deficiency secured by a mortgage and notices
64	64	35regarding intent to foreclose or otherwise to exercise a power of sale; actions that concern
65	65	36modification of a loan secured by a mortgage, regardless of whether the issue is raised by way of
66	66	37the original complaint or by an amendment to the original complaint, by affirmative defense or
67	67	38by counterclaim; and criminal jurisdiction in matters arising out of or pertaining to foreclosure or
68	68	39attempted foreclosure, and larceny or attempted larceny of real property, and foreclosure-related
69	69	40issues including mortgage loan origination and the transfer of real property and interests in
70	70	41mortgage notes.
71	71	42 (b) The foreclosure review division shall promptly transmit for recordation or
72	72	43registration, to the registry of deeds of the county or district in which the land lies, a copy of any
73	73	44final determination affecting title to land. Fee for such recordation or registration shall be waived
74	74	45for the losing party to the extent allowable under the Court Indigency Laws.
75	75	46 (c) Any party to a civil action within the jurisdiction of the foreclosure review division
76	76	47that is pending in another court department or another division of the superior court department,
77	77	48or a judge of the court department or division in which the action is pending, acting sua sponte,
78	78	49may transfer that action to the foreclosure review division. No additional filing fee shall be
79	79	50charged to transfer such a case. An action transferred to the foreclosure review division shall
80	80	51thereafter proceed in that division as though originally entered there.
81	81	52 (d) In a civil action in which another court has dismissed a claim for lack of jurisdiction
82	82	53or denied a claim that is within the jurisdiction of the foreclosure review division, a party shall 4 of 6
83	83	54have thirty (30) days after the date of receipt of the notice of dismissal or, in the case of an
84	84	55appeal from the dismissal, thirty (30) days after the date of receipt of the notice of the decision,
85	85	56to file the case in the foreclosure review division, regardless of whether the time permitted under
86	86	57the applicable statute of limitations would have expired at any time from the original
87	87	58commencement of that action to the end of this thirty (30) day period.
88	88	59 (e) Any document informing a litigant or his or her attorney of such a dismissal or denial
89	89	60shall include complete information about the right to file the case in the foreclosure review
90	90	61division, together with instructions for doing so.
91	91	62 Section 7. The chief justice of the trial court, in consultation with the chief justice of the
92	92	63superior court department and the presiding justice of the foreclosure review division, may from
93	93	64time to time make alternative or supplemental rules, standing orders and forms of procedure to
94	94	65govern proceedings in that division.
95	95	66 Section 8. (a) There shall be an advisory board to assist the presiding justice and the
96	96	67justices of the foreclosure review division and the division’s court administrator.
97	97	68 (b) The advisory board shall consist of the Attorney General or a designee; the executive
98	98	69director of the Massachusetts office of victim assistance; and the following additional members
99	99	70appointed by the Chief Justice of the Supreme Judicial Court: one person who has significant
100	100	71experience in each of the following areas: court or business administration; information
101	101	72technology, in particular, in designing systems to assist members of the public to use information
102	102	73technology effectively; promoting judicial economy by assisting self represented litigants in
103	103	74presenting their cases effectively; mediation programs on complex topics, particularly those
104	104	75involving cases in which self represented and sophisticated parties have adverse interests; real 5 of 6
105	105	76estate title examination in the commonwealth; and at least four lawyers with significant
106	106	77experience in various relevant areas of law and litigation, including access to justice and
107	107	78banking, bankruptcy, civil rights, access to justice, the Americans with Disabilities Act,
108	108	79consumer rights, criminal law, landlord-tenant, real property, secured transactions and securities
109	109	80and securitized trust law. At least two of the four lawyers will have represented homeowners in
110	110	81preserving their homes from foreclosure or will have represented consumers.
111	111	82 (c) The advisory board shall choose its chair. The appointed members of that board shall
112	112	83each serve for a term of three years or for the remainder of the term of the foreclosure review
113	113	84division, whichever is less.
114	114	85 (d) The board shall advise the presiding justice and the justices of the foreclosure review
115	115	86division and the division’s court administrator on matters of judicial and administrative concern
116	116	87including, but not limited to, developments in relevant legal issues, real estate title examination,
117	117	88mediation, assisting self-represented litigants, access to justice and the allocation of resources
118	118	89based on the caseload of each of the division’s courts.
119	119	90 Section 9. This chapter shall be in force for a period of five years commencing
120	120	91immediately upon enactment and shall apply to all cases within the jurisdiction of the foreclosure
121	121	92review division, whether pending in one or more departments of the trial court as of the date of
122	122	93enactment or commenced after that date.
123	123	94 SECTION 2. Chapter 212A of the General Laws shall renew for an additional five year
124	124	95term on January 1st of the fifth year after the effective date of this Act and every five years
125	125	96thereafter unless the legislature repeals this law prior to its next renewal date. 6 of 6
126	126	97 SECTION 3. Any cases pending in the foreclosure review division at the conclusion of
127	127	98its final term shall be transferred to the appropriate court.
128	128	99 SECTION 4. Section 3 shall take effect upon January 1st of the year after the year in
129	129	100which the legislature votes not to renew the foreclosure court division as authorized by section 1
130	130	101of chapter 212A of the General Laws.