Massachusetts Gov. Deval Patrick recently signed House No. 4387, which will make significant changes to the state's foreclosure process. The new law was effective upon signature, but the provisions that make significant changes to the foreclosure process are effective May 1.
These provisions include:
- A statutorily required demand letter giving residential mortgage borrowers 90 days to cure defaults rather than the typical contractual 30-day right to cure. Only late fees and per diem interest may be charged to cure the default during the 90-day period.
- A copy of the 90-day demand letter and an affidavit of compliance must be filed in the land court if the mortgagor is seeking a Servicemembers Civil Relief Act judgment, and with the Massachusetts Division of Banks regardless of whether a land court foreclosure action is initiated;
- The mortgagor must be given a written accounting of how the proceeds from the foreclosure sale were applied;
- If the foreclosure sale takes place, the Division of Banks must be notified in writing of the sale date and the purchase price; and
- Mortgages, assignments of mortgages and the 90-day demand letter must include specific information regarding any mortgage broker and/or mortgage originator involved in the mortgage origination.
Other provisions of the new law affect post-foreclosure evictions, loan origination and loan modification, and provide for stricter controls over lending and mortgage brokering entities by requiring loan officer licensing.
Patricia Antonelli (pa@psh.com) and Charles Lovell (cal@psh.com) are attorneys with Partridge Snow & Hahn LLP.
