H 1596 Massachusetts House · 193rd Legislature (2023-2024)

An Act relative to protection of a deceased family member against foreclosure and other civil action

This bill amends Massachusetts law to protect the estates of deceased homeowners from foreclosure and other civil actions while probate proceedings are ongoing. It allows courts to pause these legal actions for at least 90 days if the estate provides proof that probate delays prevent the sale of the home or access to funds needed for payments. If a court denies a request for an additional pause, it must appoint a lawyer to represent the estate in the case. Once a personal administrator is officially appointed, creditors can seek back payments, but they generally cannot charge late fees unless the court finds the delay was due to the administrator's fault. These measures aim to ensure that the death of a homeowner does not immediately trigger foreclosure when legal processes are temporarily unable to manage the property.
Bill status passed 3 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Feb 2023
Senate Passage
Feb 2023
Governor
Introduced Feb 16, 2023 Last action Jun 5, 2024
Floor votes

How they voted

This bill passed the Senate. No roll call record of that vote is available.
Full legislative history

Actions timeline

Total actions
4
Key actions
1
Committee
1
Feb 16, 2023
Upper · Passed
Senate concurred
upper
Feb 16, 2023
Committee
Referred to the committee on The Judiciary
lower
1 primary · 1 co-sponsor

Sponsors