This bill (H 5030) simplifies property title clarity by addressing minor technical errors in recorded deeds or property documents. It states that if a property deed or similar document has a technical flaw (like an incorrect signature format, missing seal, or minor error in how it was written) and no legal challenge is filed within 10 years of its recording, the document becomes fully valid as if the error never existed. This directly affects property owners and title holders who have documents with such minor defects, removing barriers to selling, refinancing, or transferring property. The rule applies to all documents recorded on or after January 1, 2027, but does not override existing court cases challenging titles.
By Representative Kassner of Hamilton, a petition (accompanied by bill, House, No. 1807) of Kristin E. Kassner relative to foreclosure mediation. The Judiciary.
By Representative Sousa of Framingham, a petition (accompanied by bill, House, No. 1329) of Priscila S. Sousa that mortgage lenders delay foreclosure proceedings after certain borrower deaths. Financial Services.
By Mr. Driscoll, a petition (accompanied by bill, Senate, No. 1071) of William J. Driscoll, Jr. for legislation relative to unlawful practices in the servicing and foreclosure of a subordinate mortgage. The Judiciary.
By Representative Sousa of Framingham, a petition (accompanied by bill, House, No. 1329) of Priscila S. Sousa that mortgage lenders delay foreclosure proceedings after certain borrower deaths. Financial Services.
This bill (HD 1450) regulates how mortgage servicers handle subordinate mortgages (secondary home loans) in Massachusetts. It prohibits specific practices like failing to send required notices for 12+ months, not providing periodic statements, or demanding payment after the statute of limitations expires. Borrowers gain new rights: creditors must provide detailed notices listing prohibited practices, and borrowers can petition court to stop foreclosure if violations occurred. Courts can then order remedies like waiving fees, halting foreclosure, or deleting incorrect credit reports, with creditors liable for actual damages and attorney fees for violations. All required notices must be in English and Spanish, clearly marked as important.
This bill establishes a Massachusetts Foreclosure Prevention Program requiring creditors to offer supervised conferences before proceeding with foreclosure on primary residence mortgages. It directly affects homeowners facing foreclosure (including those at risk of default) and their creditors, such as banks or mortgage servicers. The key mechanism mandates that creditors engage in good faith efforts to find alternatives to foreclosure - like modified payments - through a conference process facilitated by trained monitors (e.g., retired judges or housing experts). The program requires creditors to notify a state administrator when sending foreclosure notices, provides borrowers 30 days to request a conference, and issues a "certificate of compliance" if creditors follow the process. This creates a structured, pre-foreclosure step to help homeowners retain their homes while reducing creditor losses.
HD 3974 creates a new specialized court division within Massachusetts' superior court to handle all residential foreclosure cases. This division will centralize jurisdiction over foreclosure actions - including evictions, title disputes, mortgage modifications, and related civil and criminal matters - currently spread across multiple court departments. Key provisions require the division to provide online resources and mediation services for self-represented homeowners, transfer eligible cases from other courts without additional fees, and waive recordation fees for indigent parties. The bill directly affects homeowners facing foreclosure (especially those without lawyers), courts handling these cases, and the state court system by streamlining processes and improving access to justice.
This bill establishes a dedicated court division within Massachusetts' superior court system to handle all residential foreclosure cases. It directly affects homeowners facing foreclosure, lenders, and the court system by creating a specialized forum for these matters. Key provisions include transferring existing foreclosure cases to this division, providing resources for self-represented homeowners, and requiring the division to handle all foreclosure-related actions - including title disputes and loan modifications - concurrently with other court departments. The division must also offer mediation services and waive fees for indigent parties, aiming to streamline the process and improve access to justice in foreclosure proceedings.
This bill changes how residential mortgage foreclosures are handled for 1-6 family owner-occupied homes. It requires lenders to file foreclosure lawsuits in Superior Court instead of using out-of-court processes, and mandates specific service methods (posting and mailing if not delivered in person). Homeowners facing foreclosure can now raise legal defenses in court, and courts gain authority to cancel or adjust mortgages if violations of existing laws are found. The court must also record decisions invalidating prior foreclosure actions in property records at no cost. This directly affects homeowners in these properties and lenders seeking to foreclose.
