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Bill

H 1809

An Act relative to protection of a deceased family member against foreclosure and other civil action

194th Legislature (2025-2026) Introduced by Patrick Kearney

Bill prohibits foreclosure and civil actions against deceased individuals' estates during probate to protect families from creditor collection during the grieving and settlement period.

Accompanied a study order, see H5281 (under House Rule 27)
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Bill Summary · H 1809

Legislative bill overview

H 1809 would protect the estates and property of deceased family members from foreclosure and civil litigation proceedings. The bill aims to establish a moratorium or legal shield preventing creditors and lenders from initiating or continuing foreclosure actions or certain civil suits against properties owned by deceased individuals during probate or estate settlement processes.

Why is this important

Families grieving the loss of a loved one often face aggressive debt collection and foreclosure actions on inherited property, creating financial hardship during an already difficult time. This legislation would provide breathing room for heirs and executors to manage estate affairs, settle debts, and distribute assets without losing family homes to forced sales before proper legal procedures are completed.

Potential points of contention

  • Creditor concerns: Lenders and debt holders may argue the bill unfairly delays their ability to collect legitimate debts or recover collateral, potentially increasing their losses if estate values decline during the protection period
  • Scope ambiguity: Questions remain about which civil actions are covered, how long protection lasts, what constitutes "family member," and whether the bill applies to all debts or only mortgage-related ones
  • Implementation challenges: Courts and foreclosure processors will need clear guidance on identifying protected estates, handling pending cases, and determining when protection expires after probate concludes

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

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