Breaking News: SJC to Hear Homeowner Pleas to Stop Worcester Housing Court Injustice

Photo of MA State HouseNote: This hearing will be livestreamed at Please join us in viewing this historic moment.

On 12/6/2018, Homeowners/Tenants Argue at Supreme Judicial Court for End to Injustice and Bullying by Worcester Housing Court in Eviction Cases After Illegal Forelcosure

On Dec. 6th at approximately 10:00 AM, the combined lawsuits against the Worcester
Housing Court, brought by 55 pro se homeowner and tenant litigants, will be heard by the full Supreme Judicial Court (SJC) of Massachusetts.

“Being heard by the SJC is historic, and we are arriving in numbers because the laws laid out in the Massachusetts Constitution are not being followed by The Worcester Housing Court. Foreclosures, no matter what the details of each case, are a major and ignored issue in this country. Justice and a fair hearing in the Summary Process is not happening in the courts of Worcester Massachusetts,” explained Christine Hilton, one of the lead litigants on the case challenging the Judge’s refusal to recuse herself even after she had quizzed defendants openly seeking evidence to charge them with a crime. “What I don't understand is why I am not treated as fairly as the opposition's attorney if I am a Pro Se Litigant, representing myself as an educated consumer.”

Given denials of their basic due process rights to protect their right to their homes after
foreclosures (all easily proven to have been illegal but regularly accepted by the Worcester
Housing Court) these, who became the 55 litigants, are suing; they seek the Massachusetts
Supreme Judicial Court’s interventionary powers to correct system-wide rights violations by the Worcester Housing Court (AKA Central Housing Court).

“Being heard by the SJC is the first sign of our true constitutional rights being acknowledged, administered and honored. For the first time throughout this nightmare, the glimmer of hope for being heard actually exists,” expressed Nunciata Sullivan after losing her home when the WHC relied on ex parte documents inserted into her case file, by the bank’s lawyers in violation of court rule and due process, “At the very least, I hope we accomplish being considered relevant and able-bodied citizens who not only can vote and pay taxes, but can also represent ourselves against the falsehoods, misrepresentations, accusations and lies which ultimately resulted in the theft of our homes.”

The journey began with a joint attempt to redress what seemed like a simple, but
incredibly destructive, rights violation by the Worcester Housing Court, denying those who are indigent (as so many are after 2-3 generations of wealth have been stripped in a foreclosure) from accessing audio tapes necessary for appeals for redressing discriminatory interactions in the Court, etc.

That case was filed in front of the single Justice in the SJC on February 28, 2017 after 6
months of preparation. After that case was denied, reconsideration led to a denial. The litigants appealed and were accepted for hearing by the full SJC on August 11, 2017 (SJC-112380).

A year earlier, the Worcester Housing Court had begun to attack the credibility of
litigants based on whether they were affiliated with the Worcester Anti-Foreclosure Team. Given zero resources for those who are fighting an eviction from a home after a claimed foreclosure, homeowners across the state and some tenants have had to turn to pro se documents created by the Mass Alliance Against Predatory Lending and support from a local mutual aid organization, such as the Worcester Anti-Foreclosure Team. Since the founding of our nation, the First Amendment of the US Constitution to affiliation for the purpose of redress of grievances. The now hostile environment in the Worcester Housing Court against those who affiliate for exactly that purpose has reached shocking, chilling and unconstitutional proportions.

“I can personally state the last two years in housing court has been not only stressful but a
degrading experience. After hearing the testimonies tomorrow, the SJC will understand the major injustices that have been committed against homeowners of the Commonwealth. It will be clear that the housing court is ill equipped to try foreclosures,” stated Paulette McKenzie, also stripped of her home in the face of unquestionable evidence of an illegal foreclosure, “There will be safety nets in the future to stop the bullying of pro se litigants so those who come after us in will not have to endure being discriminating against because they choose to represent themselves. People who give up everything to fight for what they believe in must be able to trust the legal system to listen, be fair, unbiased and free of prejudice.”

On May 2, 2017, three homeowner/defendants worked feverishly overnight and filed a
petition, again, for intervention by the Supreme Judicial Court in the actions of the Worcester Housing Court, which had now announced repeatedly that it was referring WAFT members for charges for the practice of law without a license.

The Judge was now regularly quizzing people, and trying to trip them up in some perceived conspiracy by people who sought merely to effectively learn their cases together. In one case, where a homeowner had spent hundreds of hours in preparation and used 80 citations in her brief, the Chief Judge Horan had sent her brief out to the statewide Housing Court Clerk to review every citation; she, then, accused this WAFT member of having had her brief written by a lawyer and publicly shamed her by questioning the defendant’s education level.

Initially denied by a Single Justice of the Supreme Judicial Court, the case – SJC-12406 –
was then taken up by the full SJC on 10-03-17. It has been joined with the other case for Oral Argument along with the individual case of Marjorie Evans also against the Worcester Housing Court (SJC-12337).

“If the SJC rules for justice it will send the message loud and strong that corruption and
obstruction of the truth will not be tolerated within the very system responsible to maintain and uphold justice. It would mean fairness to all. It would stop innocent people from being robbed simply because they don’t hold a law degree. It will speak volumes about our individual and group ability to make changes happen through perseverance and persistence. It will stop the abuse of power and give equal regard to everyone no matter who we are,” concluded Nunciata Sullivan.

[From a press release by the Worcester Anti Foreclosure Team (WAFT), a member organization of MAAPL, dated 12/5/18. CONTACTS: Lori Cairns 508-614-9238]

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Join us on Tuesday, 10/16/18 for the MAAPL Annual Meeting!

The MAAPL Steering Committee invites you to the 2018 MAAPL Annual Meeting

Date & Time: Tuesday Evening, October 16, 2018, 5:00pm-7:00pm
Location: Boston ABCD, 178 Tremont St., Boston, MA
MBTA and parking accessible
Light refreshments served
Call-in number will be posted soon for those who cannot attend in person
Please RSVP via email: 

How Have Foreclosures Impacted Your Community in 2018?
What Are Your Hopes for What We Can Do Together in 2018?

We ask that MAAPL member groups and attendees consider these questions ahead of the Annual Meeting and prepare to share your responses.

We have plenty of exciting news to share with you about MAAPL’s work this year, including new staff members and significant investment in our legal work, strong successes with our Moratorium Now program in stopping and postponing auctions, and new funding and programs planned for the coming year to take our fight against illegal foreclosures and predatory lending practices to the next level!

MAAPL leads the only statewide coalition building a social justice movement to end foreclosures in Massachusetts. We work to support homeowners as they go beyond their individual situation to mutual support and organizing—saving each other’s homes, combining efforts to push unfriendly courts to apply law fairly, and pushing through legislation to protect Massachusetts residents from a predatory industry.

Save the evening of October 16th for our Movement and MAAPL!
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Press Release: Wrongly Foreclosed Petition to Not ALSO be Stripped of Right to Appeal

Contact: Debra McCarthy, 508-723-5364; Grace Ross, 617-291-5591

For immediate release: September 25, 2018

Today, September 25, 2018, twenty-one self-represented defendants fighting against the illegal foreclosure of their homes completed the filing and service of a petition to the Massachusetts Supreme Judicial Court, critical to the due process and appeal rights of the Inhabitants of Massachusetts under the state Constitution.

“Each ruling against us as homeowners which ignored multiple Massachusetts statutes was like a punch in the gut,” explained Petitioner Bruce Boguslav of Worcester, “To be priced out of an appeal was an affront to the sacred trust we thought we had in the justice system, and our right to an appeal of serious issues in housing court. Our health suffers terribly from the stress when you don’t know when you will be subject to an eviction with your home emptied of all your personal possessions.”

Having been stripped of their wealth and destabilized by illegal foreclosures, the Petitioners are seeking a definitive judgment by the SJC to stop Massachusetts courts from further barring access to the courts by pricing them out of justice with excessive and inapplicable bonds. The case is a multi-party petition, SJ-2018-0427

Homeowner’s constitutionally protected right to appeal is being denied based upon the Courts’ misapplication of extraordinary cash bonds in eviction cases, after a clearly questionable foreclosure. The financial bar of petitioner’s right to appeal is particularly egregious when defending against the taking of one’s inalienable rights under the MA and US Constitutions.

“Getting financially barred from the appeals process felt like a set up to me. All along Judge Fields peppered my hearings with statements like, “you can put that in your appeal, Ms. Woods” and “save it for your appeal, Ms. Woods” only to bar my appeal — $10k when I am experiencing a dire health diagnosis and living on SSI. This resulted in unlawful ouster from my home. I’ve been living in a tent since early July. Many of my possessions have gone missing and been destroyed due to improper storage. My health has deteriorated; my cancer treatments have been interrupted. The eviction process has clearly been weaponized by the courts to thwart my appeal, which has every chance of success due to case law precedent,” commented Petitioner Rorie Susan Woods of Hadley.

Overwhelmingly, these cases are arising in the jurisdiction of the Worcester Housing Court, whose credibility has been brought into question by numerous recent lawsuits.

However, the problem of unaffordable bonds and the misapplication of the strictly interpreted eviction law represent a widespread practice in too many of the trial courts across Massachusetts. The loss of access to the Appellate Courts have effectively kept illegal foreclosures from the eyes and review of the higher courts in Massachusetts.

Homeowners affected span the state and find themselves without the resources to pay appeal bonds levied against them improperly given our state’s strong laws protecting the appeals of all legitimate, non-frivolous claims regardless of financial circumstances.

Given our non-judicial foreclosure laws and In order to curtail predatory lending, the Supreme Judicial court has almost without exception, come down strongly on the enforcement of all of Massachusetts’ applicable laws but only because litigants have been able to appeal. This benefits the actual residents of Massachusetts in protecting the jurisprudence that underlies the inalienable rights to our homes.

“I want the SJC to uphold the letter of the law, not selective enforcement with great bias against wrongfully foreclosed borrowers,” Woods continued. “It’s as if the justices have their retirement funds wrapped up in mortgage backed securities sold with triple A ratings that turned out to be junk. The wrongfully foreclosed borrowers did not create the junk securities— the banks did. It’s time to lay the blame and consequences where they belong.”

Petitioners experience the injustice of these practices as indescribably unfair and painful. Long-term damage is caused to the families of our Commonwealth.

Petitioner Jim Bigelow of Oxford expressed the sentiment of all the Petitioners: “the Supreme Judicial Court is the last chance at restoring my childhood faith in our justice system.”

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Exposed! Worcester Housing Court Favors Banks Over Foreclosed Homeowners and Tenants

On July 19, 2018, members of the Worcester Anti Foreclosure Team (WAFT) served the Worcester Housing Court shocking evidence of the widespread practice of its Judges accepting ex parte (secret) communications from attorneys of the foreclosing banks, securitized trusts, and some third party purchasers, in cases against homeowners and tenants fighting to save their homes.

“These banks are complaining about the homeowners, but they are the ones breaking the law,” says homeowner Cheryl LeBlanc, who along with her three children was just evicted before resolution of her ongoing appeal. There was no auction of her home, yet the bank recorded a false foreclosure deed in the Registry of Deeds as if there were, and this was inserted into her eviction case file in violation of due process.

These communications are explicitly and intentionally made without notice or copy to defendants, and the Judges and Clerks of the Court are complicit in facilitating the violations.

As part of an ongoing lawsuit against the Worcester Housing Court by occupants of area homes facing illegal foreclosure, petitioners to the Supreme Judicial Court filed a new brief comprising 1700 pages of evidence of ex parte communications; they span 54 cases of the Worcester Housing Court and were a chance discovery by a WAFT homeowner. WAFT members believe that two dozen more cases will be identified in the coming weeks.

These ex parte documents are referred to by lawyers for the financial industry as the “entry packet.” It is against the court rules to put them in the file at the beginning of a case or without proper documentation; it is against all law, court practice and the due process rights of defendants for numerous communications to be had by the other party with the Judge.

“Once I really pressed the point about the fraudulent documents, the opposing attorney and the bank wrote up an agreement they wanted me to sign, stating I could have more time in my house, if I promised not to sue them at a future date, and if I would pull my appeal from the Appeals Court, among other stipulations,” explained Christine Hilton.

Worcester Housing Court Judges have relied upon these documents as if true, without defendants being able to challenge them. These communications have established a nearly perfect record of defeat against homeowning families trying to defend their rights. The resulting bias of the Court is impossible to ignore, and it undermines the faith of our citizens in a just, fair and impartial judicial system.

“Fault is assumed as soon as you walk in the door,”  said Thomas Saxe, a homeowner fighting eviction based on illegal foreclosure, when describing the impact of these types of exclusionary communications.

Neither the lawyers nor the court have taken any steps to correct a practice that has been in place since February 2014. No contrition on the part of the Judge for this expansive violation of rights, due process, and the Judges’ and court staff’s obligations under the law to perform their positions of public trust.

“I had been working with WAFT getting as much information and as much help as I possibly could. The odds were against us obviously, so we were trying our best. The Judge assumed I did not know my case. She offered to give me an extension on the trial date if I would not have anything to do with WAFT. She wanted to take my right to associate with others away. Turns out she was communicating unfairly with the other side.” stated Myron Swanston; he and his mother’s home was illegally taken and they could not stop the eviction.

Additional Content
Download and read the amici briefs submitted by WAFT ( PDF ) and the associated appendix ( PDF ).

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Join Us for a Special Evening with MAAPL on June 28th

This special evening brings us — anti-foreclosure activists and activist investors — together.

  • Homeowners – Tell of the banks’ illegal taking of your homes, the destruction of your property… and impacts on your lives!
  • Investors – Hear the real stories of foreclosed homeowners and learn why it is vital to take a legal stance against the banks through establishing the LandLaw Institute.
  • Everyone – Invest your dollars into a fight that will improve the economic well-being of all. Bring justice home to those given predatory loans, end illegal foreclosures and restore communities.

Our host, Truth Diggers LLC, was founded specifically for funding “whistle blower” law suits that will finally enforce those laws the mortgaging industry so rampantly breaks and the constitutional rights and property protections our government so egregiously fails to uphold.

This fund-raising party is a unique opportunity to discover what profound and far reaching change we can create with the right investment and financially facilitate a tectonic shift in our struggle against illegal foreclosure.

Join us on Thursday, June 28th — watch the sunset over Worcester’s skyline… And the future dawn for our anti-foreclosure movement!

5:30 pm – Gather
6:00-8:00 pm – Main Event
$100 ticket price includes wine and hors d’oeuvres. Proceeds benefit MAAPL and its ongoing fight to end the foreclosure crisis and bring our wealth home.

For information and to register for this special event, visit our Event page. Tickets are available online and at the door.

We Hope to See You at This Special Event!

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Rally and Press Conference at Worcester County Courthouse on 3/12

Wronged Homeowners to Submit Video Proof of Criminal Fraud by Mega-Banks to Worcester District Attorney

Worcester, March 12, 2018, 12:30 pm – Rally and Press Conference in front of Worcester County Courthouse, 225 Main St by homeowner-members and supporters of the Worcester Anti-Foreclosure Team (WAFT).

“WAFT has protested many dozens of auctions where the Banks swear to actions to foreclose and we have footage that shows that their documents in the Registry of Deeds are not true!” said Felix Kangaru, whose evidence and the recorded documents were among those submitted.

Members shared stories of the nightmare of foreclosures and homes taken on the basis of lies and what they now understand are criminally untrue registry filings. They have available samples of video evidence that the documents recorded at the Worcester Registry of Deeds falsely swear to the opposite of what actually happened at their auctions.

Following the Press Conference, WAFT members will be delivering 24 videos and almost 30 examples of criminally fraudulent foreclosure document recordations to the Worcester County DA, in addition to affidavits from homeowners swearing that no one had shown up at their auction, despite documents filed at the Registry swearing they had. Press is invited to enter the courthouse and film the submission of the evidence.

According to Grace Ross, Organizer for the Mass Alliance Against Predatory Lending, many more cases of auction fraud will be submitted as members continue to collate their evidence of what happened and connect it with the perjured documents being filed at the Registry of Deeds.

With hundreds of Massachusetts home auctions continuing monthly, the centrality of these untruthful recordations, according to Ms. Ross, is that “these documents are entered into the Registry of Deeds with the explicit and sole purpose of being the legal basis of claiming a foreclosure of someone’s home. These are legal requirements to record certain information as sole proof of a certain type of foreclosure, but in many dozens of cases we have found (and can show) the “witnessed” and notarized documents are a direct and outright lie.”

Chris Horton, Volunteer Outreach Coordinator for WAFT, explained: “We’re trying to bring the world’s attention to the fact that the mega-banks and mortgage companies routinely lie in Registry documents; these are each a criminal offense.  We’re very excited that these are at least being looked at by our DA and that the Registrar of Deeds is also looking.”

Nunciata Sullivan of Charlton put it bluntly: “Everything about this process is so unfair, lawyers with pieces of paper full of lies show up claiming our homes, the biggest investment in our lives, homes we worked and struggled and fought for. The judge barely looks at the papers and says: ‘fine, here, take the house.’  It has to stop.”

Mr. Horton continued: “We encourage folks to stand with their neighbors against these illegal activities, and we urge those facing problems with a mortgage that could lead to a foreclosure to get in touch with us immediately. We have a clinic every Monday night at 6pm at our new office at 70 James St., #129B.”

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Action Alert: Help Move MAAPL’s Bills Forward—Call Your Legislator Today!

Your voice gets results! Call your State Representative and Senator, and ask them to Report MAAPL’s Bills Out of Committee before February 7th!

Why? After the 7th, any bill still in committee goes nowhere!

For more information on the bills currently in committee, go to MAAPL’s Current Legislation page.

Please make TWO sets of phone calls to:
Financial Services Committee
Senator Eldridge – (617) 722-1120
Representative Michlewitz – (617) 722-2220

Judiciary Committee
Senator Brownsberger – (617)-722-1280
Representative Cronin – (617) 722-2396

What do I say when I call?
“Hello, my name is ____. I live in [name of your town].

Financial Services Committee calls:
“Please, Rep. Michlewitz /Senator Eldridge, ask the Financial Services
Committee to report out
H3676: Resolution Trust Fund for Receipt of Reasonable Mortgage Payments
S500/H550: Facilitate Alternatives to Foreclosure through Mediation.

Judiciary Committee calls:
“Please, Rep. Cronin/Senator Brownsberger, ask the Judiciary Committee to
report out:
S903/H3059: Foreclosure Review Court
S884/H1115: Municipal Powers
S841/H956: Preventing Unnecessary Vacancies
S763/H2349: Judicial Protection
H3500: Real Estate Title Protection

Please report these bills out favorably. I want to them to become law. Thank you.”

When the calls are over, please e-mail Grace Ross, MAAPL coordinator. Tell her what the legislators said:

Please call by February 7th! Your legislators need to hear your voice. Call now! Then tell MAAPL the results of your call.

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Action Alert: MAAPL Legislative Call-In Day Tuesday, Jan. 16th!

Your voice gets results! Call both  your Representative & Senator at the State House.  Ask them to support MAAPL’s Resolution Trust Fund & Mediation Alternative to Foreclosure bills: H3676 & S500/H550.Photo of MA State House

Here’s what you do:

Don’t know who your state Representative/Senator are? Go to; type in your address. It will list your elected officials. Click their name to see their phone numbers.

What do I say?

“Hello, my name is ____. I live in [name of your town].

I’m calling to ask you to support H3676 to Establish a Resolution Trust Fund for Receipt of Reasonable Mortgage Payments and also S500/H550 for mediation for loan modification to avoid foreclosure. Please: Contact Rep. Michlewitz or Senator Eldridge and ask the Financial Services Committee to report these bills out favorably. 

Massachusetts needs a Resolution Trust Fund so homeowners who find out the party billing them has no legal right to payment—have a legal place to make affordable payment.

Free mortgage counseling to get loan modifications is almost gone with loss of federal funding, we need pre-forelcosure mediation now; it has always been the most effective option; it places homeowners on an equal footing with banks. 

Mass. foreclosure auctions continue at almost 500 per month, help thousands avoid foreclosure!

Please, as my Representative,


Please, as my Senator,

Will you ask Financial Services to report H3676 & S500/H550 out favorably? I want to see these bills become law.

Thank you.”

When they have answered you and you have finished the call, please e-mail Grace Ross, MAAPL Coordinator, and tell her who your Representative/Senator is and what they answered: 

MAAPL Factsheet on H3676Establish a Resolution Trust Fund for Receipt of Reasonable Mortgage Payments ( PDF )

MAAPL Factsheet on S500/H550 – Facilitate Alternatives to Foreclosure ( PDF )

Oops: it’s past the 16th and I forgot to call! No problem: call today. Your legislators always need to hear your voice. Call now! Then tell MAAPL.

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Action Alert: Call Your State Legislator in Support of MAAPL’s Bills!

In Massachusetts, foreclosures are running at a rate of roughly 500 a month—the foreclosure crisis is far from over!

On Tuesday, September 26th, the Legislature’s Judiciary Committee heard testimony on five MAAPL anti-foreclosure and related bills to combat the rampant, illegal foreclosures devastating our communities. Phone calls made the difference to getting ground-breaking foreclosure legislation in the past: Let’s do it again!

Call your state Senator & Representative today: Ask them to back these bills!

For more information on the bills, check out the post announcing the 9/26/17 hearing.

Use the simple phone script below:

“Hi! My name is ________. I live in ______. Foreclosures are running at a rate of 500 per month in Massachusetts and devastating my community.

I want my Senator/Representative to tell the Judiciary Committee Chairs they support the following bills:

  • S903/H3059: Foreclosure Review Division of Superior Court (Sets up special court to review foreclosures)
  • S884/H1115: Municipal Powers (Clarifies that cities and towns can pass local foreclosure laws)
  • S841/H956: Preventing Unnecessary Vacancies (Gives homeowners the right to rent post-foreclosure)
  • H3500: Real Estate Title Protection (Re-establishes and cleans up local Registry of Deeds filings)
  • S763/H2349: Judicial Foreclosure (Requires solid, Judicial foreclosure process in MA)

Thank you!”

Don’t know who your state Representative and Senator are? Go to, put in your address and scroll down to view your state legislators (not Warren or Markey). Click on their names to see their contact info.

Thanks for taking action and making your calls today! Together we can stop the foreclosures and save our communities!

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Hearing for Five MAAPL Bills on Tuesday, September 26th

On Tuesday, September 26th, five of MAAPL’s bills will have a hearing before the Judiciary committee of the MA legislature. Please come to the State House and support these bills!

Date/Time: September 26th, 1:00 – 5:00 pm (may go later)
Location: MA State House, Room B2
24 Beacon Street, Boston, MA

We invite you to:

  • Attend the hearing
  • Present testimony in favor of one or more bills (please contact Grace Ross at or call 508-630-1686 if you will be testifying or submitting written testimony)
  • Encourage your friends to attend the hearing as well
  • Call your state legislators to urge them to support these bills and to let members of the Judiciary committee know that they support these bills. Don’t know who your state senator and representative are? Visit and enter your street address, then scroll down to find your state legislators’ names and phone numbers.

The following bills will be heard:

Foreclosure Review Division of Superior Court (S903/H3059)
Sponsors: Sen. McGee & Rep. Gonzalez
Fact Sheet on this Bill ( PDF )

This Bill establishes a statewide, specialized division of Superior Court to adjudicate all aspects of foreclosure-related cases, instead of the several courts that now have jurisdiction over one or another aspect of such cases. The Foreclosure Review Division will be empowered to clear title to foreclosed properties, both for those foreclosed and for third-party purchasers, and will provide online and other assistance to pro se litigants. It will free up regular court dockets and promote judicial economy.

Clarifying Municipal Authority (S884/H1115)
Sponsors: Sen. Lesser, Sen. Chandler, Sen. McGee and Rep. Tosado
Fact Sheet on this Bill ( PDF )
The bill clarifies that municipalities can continue to exercise their health and safety powers in service of their residents even in the context of this foreclosure crisis. Worcester successfully ran a groundbreaking cash bond program for over 5 years and Lynn showed that pre-foreclosure mediation can result in mutually agreed upon affordable loan modifications leading to avoidance of foreclosure in 97% of cases.

Preventing Unnecessary Vacancies (S841/H956)
Sponsors: Sen. Eldridge and Rep. Sanchez
Fact Sheet on this Bill ( PDF )
This Bill requires a commercial purchaser of a foreclosed home to rent it to the “foreclosed” homeowner until the property is sold to a new owner-occupant. The former owners become tenants paying the HUD fair market rent for their units. Post-foreclosure tenants can be evicted only for just cause.

Real Estate Title Protection Act (H3500)
Sponsors: Rep. Moran and Rep. Mark
Fact Sheet on this Bill ( PDF )
This Bill protects real estate titles; its provisions ensure, for instance, that the mortgagor (borrower) can always tell who owns the mortgage, and require the Mortgage Note to be returned to the mortgagor, marked “Paid in Full,” upon payoff. It requires Registries of Deeds to record each mortgage in the names of the real parties in interest, that is, the mortgagor and lender. It institutes deadlines for recording assignments of mortgage and foreclosure deeds. Protecting marketable title will bolster business creation by facilitating entrepreneurs’ mortgages on their own homes; these historically have provided up to 70% of the credit for new U.S. businesses.

Judicial Foreclosure (S763/H2349)
Sponsors: Sen. Brady and Rep. Smizik
Fact Sheet on this Bill ( PDF )
This Bill requires foreclosure of 1-4 family homes to be conducted through a court action. A party wishing to foreclose must provide the legal documentation to prove to a judge that it is the mortgage-holder before it forecloses. With our present non-judicial foreclosures, the burden is on a wronged homeowner to get a judge to order the foreclosing party to produce this evidence. Judicial Foreclosure will prevent foreclosures by those with no authority to foreclose, and prevent clouds on title presently created during non-judicial foreclosures.

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