Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
The penultimate paragraph of section 1 of chapter 57 of the
acts of 1943, as amended by section 1 of chapter 496 of the acts of 1990, is
hereby further amended by striking out the third sentence and inserting in
place
thereof the following sentence:- No proceedings shall be brought under this
section in any case in which the record ownership of the equity of redemption
in the mortgaged property is held by one or more of the following types of
entities, whether domestic or foreign: a corporation; a limited liability
company; a limited partnership, including one which has registered as a limited
liability partnership; a trust operating under a written instrument or
declaration of trust, the beneficial interest under which is divided into
transferable certificates of participation or shares; or a general partnership
or joint venture, including a general partnership or joint venture which has
registered as a limited liability partnership, of which all the general
partners who appear of record so appear to be one or more of the foregoing
types of entities.
Approved May 29, 1998.