HOUSE DOCKET, NO. 3209 FILED ON: 1/12/2009
HOUSE . . . . . . . . . . . . . . No. 1729
The Commonwealth of Massachusetts
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PRESENTED BY:
Frank I. Smizik
_______________
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 passage of the accompanying bill:
An Act to Amend the Foreclosure Statute to Require Judicial Foreclosure.
_______________
PETITION OF:
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Name:
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District/Address:
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Frank I. Smizik
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15th Norfolk
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Michael W. Morrissey
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Norfolk and Plymouth
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Harriette L. Chandler
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First Worcester
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Sonia Chang-Díaz
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Second Suffolk
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James B. Eldridge
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Middlesex and Worcester
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Susan C. Fargo
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Third Middlesex
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Jennifer L. Flanagan
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Worcester and Middlesex
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Anthony D. Galluccio
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Middlesex, Suffolk and Essex
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John A. Hart, Jr.
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First Suffolk
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Patricia D. Jehlen
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Second Middlesex
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Mark C. Montigny
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Second Bristol and Plymouth
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Richard T. Moore
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Worcester and Norfolk
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Marc R. Pacheco
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First Plymouth and Bristol
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Kevin Aguiar
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7th Bristol
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Geraldo Alicea
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6th Worcester
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Willie Mae Allen
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6th Suffolk
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Carlo P. Basile
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1st Suffolk
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John J. Binienda
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17th Worcester
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William N. Brownsberger
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24th Middlesex
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Antonio F.D. Cabral
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13th Bristol
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Jennifer M. Callahan
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18th Worcester
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Linda Dean Campbell
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15th Essex
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James Cantwell
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4th Plymouth
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Cheryl A. Coakley-Rivera
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10th Hampden
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Steven J. D'Amico
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4th Bristol
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Stephen L. DiNatale
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3rd Worcester
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Paul J. Donato
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35th Middlesex
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Mark V. Falzone
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9th Essex
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David L. Flynn
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8th Plymouth
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Linda Dorcena Forry
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12th Suffolk
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Gloria L. Fox
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7th Suffolk
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John P. Fresolo
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16th Worcester
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Sean Garballey
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23rd Middlesex
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Anne M. Gobi
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5th Worcester
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Mary E. Grant
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6th Essex
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Denis E. Guyer
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2nd Berkshire
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Jonathan Hecht
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29th Middlesex
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Louis L. Kafka
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8th Norfolk
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Jay R. Kaufman
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15th Middlesex
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Kay Khan
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11th Middlesex
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Peter V. Kocot
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1st Hampshire
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Robert M. Koczera
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11th Bristol
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Barbara A. L'Italien
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18th Essex
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William Lantigua
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16th Essex
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Elizabeth A. Malia
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11th Suffolk
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James J. O'Day
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14th Worcester District
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Matthew C. Patrick
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3rd Barnstable
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Sarah K. Peake
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4th Barnstable
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Vincent A. Pedone
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15th Worcester
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Denise Provost
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27th Middlesex
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Angelo J. Puppolo, Jr.
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12th Hampden
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John F. Quinn
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9th Bristol
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Pam Richardson
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6th Middlesex
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Byron Rushing
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9th Suffolk
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Jeffrey Sánchez
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15th Suffolk
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Rosemary Sandlin
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3rd Hampden
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Tom Sannicandro
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7th Middlesex
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John W. Scibak
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2nd Hampshire
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Carl M. Sciortino, Jr.
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34th Middlesex
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Theodore C. Speliotis
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13th Essex
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Robert P. Spellane
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13th Worcester
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Ellen Story
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3rd Hampshire
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David B. Sullivan
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6th Bristol
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Benjamin Swan
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11th Hampden
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Timothy J. Toomey, Jr.
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26th Middlesex
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Brian P. Wallace
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4th Suffolk
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Steven M. Walsh
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11th Essex
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Martha M. Walz
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8th Suffolk
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Alice K. Wolf
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25th Middlesex
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[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4735 OF 2007-2008.]
The Commonwealth of Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act to Amend the Foreclosure Statute to Require Judicial Foreclosure.
Whereas,
The deferred operation of this act would tend to defeat its purpose, which is forthwith to protect citizens of the Commonwealth involved in the mortgage foreclosure crisis, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1.
Chapter 244 is hereby amended by inserting after Section 1 the following section:–
“SECTION 2: Foreclosure by Complaint: All foreclosures of residential mortgages on 1-4 family owner-occupied property located in the commonwealth can only be initiated by the filing of a foreclosure complaint in the Superior Court for the county in which the property is located. A residential mortgagor may raise any and all available claims and defenses to the foreclosure and to the contract for the underlying mortgage loan, in law and in equity. The court shall have the authority to modify the mortgage or grant any other appropriate relief. Mortgagors shall have a right of redemption for six months after the entry of judgment.
