Massachusetts 194th General Court Status: Introduced 1 D cosponsors

S1031 — An Act to amend the foreclosure statute to require judicial foreclosure

  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 194th General Court. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

In plain language

This bill mandates judicial foreclosure for certain properties.

The bill amends existing foreclosure laws to require that foreclosure proceedings go through the judicial system. This change aims to provide a more regulated process for foreclosures.

What this means for you
  • Families: This means families facing foreclosure may have more legal protections and a structured process to address their situation.

Summary

An Act to amend the foreclosure statute to require judicial foreclosure

Bill Text

  • Full text Current

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends Chapter 244 to establish specific procedures for initiating residential mortgage foreclosures and expands the rights of mortgagors in court.

  • Chapter 244

    Foreclosure by Action: All foreclosures of residential mortgages on 1-6 family owner-occupied properties shall be initiated by the filing of a foreclosure complaint against the mortgagor in the Superior Court for the county or district in which the property is located. In addition to applicable rule, if service is not effected in hand, then it must be effected by both posting and mailing.

    Establishes that all residential mortgage foreclosures must start with a complaint filed in the Superior Court and outlines service requirements.

  • Chapter 244

    A defendant-residential mortgagor may raise all jurisdictional, legal and equitable claims and defenses against the mortgagee or any predecessor in interest, assignee, agent or any person or entity acting on behalf of such mortgagee.

    Gives mortgagors the right to raise all claims and defenses against the mortgagee or its representatives.

  • Chapter 244

    The court shall have the authority to rescind or modify the mortgage including enforcement of sections 102 and 103 of Chapter 93, Chapter 151B, section 64 of Chapter 183, Chapter 183C and applicable regulatory requirements, recognize the voidness of any acts where applicable, or grant any other appropriate relief as to the mortgagor but nothing in this section shall affect the rights of tenants or any legal occupants residing in the property that is the subject of the complaint.

    Empowers the court to modify or rescind mortgages and recognize void acts while protecting tenant rights.

  • Chapter 244

    The court may set aside a default judgment for good cause shown and shall proceed in compliance with section 27A-G of chapter 261.

    Allows the court to set aside default judgments in foreclosure cases for valid reasons.

  • Chapter 244

    The court shall record in the appropriate registry of deeds, at no cost to the court, a copy of any decision recognizing and fact (s) establishing the voidness of any previous act(s) of the person selling, predecessors in interest or assignors transferors.

    Requires courts to record decisions on the voidness of previous actions in the deeds registry at no cost.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 203 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (203)

203 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

finance housing civil-rights
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Frequently asked questions

What does S1031 do?
An Act to amend the foreclosure statute to require judicial foreclosure
Who sponsors S1031?
S1031 is sponsored by Michael D. Brady (Democrat).
What is the current status of S1031?
This bill died with 194th General Court. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S1031?
Track S1031 free on One Click Politics — get push/email alerts when it moves.

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