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Bill

SD 491

An Act establishing a foreclosure review division

194th Legislature (2025-2026) Introduced by Ed Kennedy

Massachusetts bill creates a foreclosure review division to oversee residential foreclosures and protect homeowners from improper or unlawful foreclosure proceedings.

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Bill Summary · SD 491

Legislative bill overview

SD 491 establishes a new foreclosure review division within Massachusetts state government to oversee and regulate residential foreclosure proceedings. The division would have authority to review foreclosure cases, enforce compliance with state and federal foreclosure laws, and potentially intervene on behalf of homeowners facing wrongful or improper foreclosures.

Why is this important

Foreclosures disproportionately affect vulnerable populations and can result in permanent loss of housing. A dedicated review division could catch procedural violations, predatory lending practices, and administrative errors that might otherwise go undetected, potentially protecting thousands of homeowners from improper loss of their homes.

Potential points of contention

  • Cost and funding: Creating a new government division requires sustained appropriations; opponents may argue this diverts resources from other priorities or increases state bureaucracy
  • Lender concerns: Financial institutions and mortgage servicers may object that additional regulatory scrutiny increases compliance costs and slows the foreclosure process, potentially raising lending rates
  • Scope of authority: Unclear whether the division would have power to halt foreclosures, impose penalties, or merely review cases after the fact—broader powers face stronger opposition but create more protection

Compiled from official sources — confirm details with the bill’s official record.

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