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Ex. SEC-13-072 Order Primary source read

Chapter 65 of the Acts of 2020

An Act Providing for a Moratorium on Evictions and Foreclosures During the COVID-19 Emergency

Massachusetts General Court; approved by Governor Charles D. Baker · Massachusetts (State)

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The COVID Project

The record

Jurisdiction
Massachusetts
Level
State
Authority
Mass. Const.; emergency law (St. 2020, c. 65)
Issued
2020-04-20 Apr. 20, 2020
Effective
2020-04-20 (emergency law) (read as 2020-04-20)
End
secs. 3-5 expired 120 days after enactment (Aug. 18, 2020) or 45 days after the emergency ended, whichever first, subject to extension by the Governor; extended to Oct. 17, 2020 (Massachusetts State file, MA-052); sec. 2 (video counseling) to the end of the emergency, extended by ch. 20 of 2021 sec. 6 to Dec. 15, 2021 (read as 2020-12-31)
In force
Apr. 20, 2020 to Dec. 31, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitation types
Courts and public officesOther
Addressees
  • landlords
  • creditors and mortgagees
  • courts, sheriffs and constables
Functions reached
  • SV (compelled 180-day forbearance on attestation; foreclosure process barred; credit reporting)
  • ML
  • CB
Collection
Financial Services SEC-13

Operative words

SECTION 5. (a) Notwithstanding chapter 239 or chapter 244 of the General Laws or any other general or special law to the contrary, a creditor or mortgagee shall not, for the purposes of foreclosure of a residential property... that is not vacant or abandoned: (i) cause notice of a foreclosure sale to be published... (ii) exercise a power of sale; (iii) exercise a right of entry; (iv) initiate a judicial or non-judicial foreclosure process; or (v) file a complaint to determine the military status of a mortgagor... (b) A creditor or mortgagee shall grant a forbearance to a mortgagor of a residential property... if the mortgagor submits a request to the mortgagor's servicer affirming that the mortgagor has experienced a financial impact from COVID-19. The forbearance shall be for not more than 180 days. Fees, penalties or interest beyond the amounts scheduled and calculated as if the mortgagor made all contractual payments on time and in full under the terms of the mortgage contract shall not accrue during the period of forbearance... The mortgagee shall not furnish negative mortgage payment information to a consumer reporting agency related to mortgage payments subject to forbearance under this act.

Enforcement

Statute; G.L. c. 93A exposure; sec. 3(d) bars sheriffs and constables from enforcing

Notes

Same instrument as MA-052. The Massachusetts analogue of CARES Act sec. 4022, reaching every residential mortgage regardless of federal backing.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.