H 2036 Massachusetts House · 193rd Legislature (2023-2024)

An Act enabling municipal pre-foreclosure mediation

This bill authorizes Massachusetts municipalities to establish local programs that help homeowners and lenders negotiate solutions before a home is foreclosed. The law defines specific terms such as "commercially reasonable alternative," which involves comparing the financial value of keeping a modified mortgage against the money a lender would get by selling the property. Under the new rules, both the borrower and lender must attend mediation sessions in person unless they agree otherwise, and homeowners are allowed to bring a lawyer, an interpreter, and up to three support persons to these meetings. If the parties cannot reach an agreement, the program manager issues a certificate confirming that a good faith effort was made. The legislation aims to provide a structured process for resolving debt disputes early, potentially preventing the loss of homes and reducing the number of properties that go through full foreclosure sales.
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 May 16, 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 Municipalities and Regional Government
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Pete Capano
Pete Capano
DDemocratic
MA
11th Essex