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SENATE DOCKET, NO. 1642 FILED ON: 1/14/2009 SENATE . . . . . . . . . . . . . . No. 1778
The Commonwealth of Massachusetts _______________ PRESENTED BY: Michael W. Morrissey _______________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill: An Act to require judicial f oreclosure. _______________ PETITION OF:
[SIMILAR MATTER FILED IN PREVIOUS SESSION
The Commonwealth of Massachusetts
_______________ In the Year Two Thousand and Nine _______________
An Act to require judicial foreclosure.
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. |