S 912 Massachusetts Senate · 193rd Legislature (2023-2024)

An Act to amend the foreclosure statute to require judicial foreclosure

This bill requires that all foreclosures on owner-occupied residential homes with one to six units be handled through the court system rather than by private sale. Under the new rules, lenders must file a lawsuit in the local Superior Court, and if they cannot serve the borrower directly, they must also publish notice and send mail. During the legal process, borrowers can raise defenses and ask the judge to cancel or change the loan terms based on specific state laws, while the court must record any decisions that declare previous sales invalid. The legislation does not alter the rights of tenants or other legal occupants living in the property.
Bill status passed 3 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Feb 2023
House Passage
Apr 2024
Governor
Introduced Feb 16, 2023 Last action May 2, 2024
Floor votes

How they voted

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

Actions timeline

Total actions
6
Key actions
2
Committee
1
Apr 16, 2024
House · Passed
House concurred
Feb 16, 2023
House · Passed
House concurred
Feb 16, 2023
Senate · Referred to committee
Referred to the committee on The Judiciary
1 primary · 1 co-sponsor

Sponsors