WeVote
Log In

Bill

Bill

HD 3939

An Act temporarily protecting recently widowed spouses from foreclosure

194th Legislature (2025-2026) Introduced by Priscila Sousa

Implements a 60-day foreclosure pause for surviving spouses/families after a borrower's death; requires notice and proof, giving time to pursue mitigation or options.

Senate concurred
0
WeVote Research Nonpartisan
Bill Summary · HD 3939

Summary: An Act temporarily protecting recently widowed spouses from foreclosure (HD 3939)

Overview

This bill would provide a temporary delay in foreclosures for borrowers who have recently died, giving surviving spouses or family members a 60-day window to address the deceased borrower’s loan obligations. The measure is a proposed addition to Chapter 244 of the General Laws and is currently in the final stages of the legislative process, with Senate concurrence already secured.

Purpose and intent

  • To offer short-term relief to families grieving the loss of a borrower by preventing immediate foreclosure actions.
  • To create a uniform process for lenders to pause foreclosure proceedings during the 60-day period, allowing time to notify the lender and arrange possibilities for mitigation or repayment.

Key provisions and changes

  • Insertion into Chapter 244, General Laws (as appearing in 2022 Official Edition): New Section 41YYYY.
  • Foreclosure delay: Mortgage lenders must delay foreclosure proceedings for 60 days following the death of the borrower.
  • Trigger and notice: The surviving spouse or a family member must notify the lender and provide proof of the borrower’s death in order for the halt to take effect.
  • Obligations during the delay: During the 60-day period, lenders are prohibited from taking any action to accelerate foreclosure proceedings.
  • Scope: Applies to mortgage lenders under Massachusetts law; the provision is a temporary measure (60-day pause) and does not specify extensions beyond 60 days.

Affected parties

  • Surviving spouses and family members of deceased borrowers.
  • Mortgage lenders in Massachusetts subject to Chapter 244.
  • Borrowers’ estates and heirs may benefit indirectly by gaining time to seek alternatives or protective measures.

Procedural and timeline aspects

  • Introduction: Filed January 17, 2025 (House Docket No. 3939).
  • Primary sponsor: Rep. Priscila S. Sousa (Framingham).
  • Legislative actions:
    • February 27, 2025: Referred to the Committee on Financial Services.
    • February 27, 2025: Senate concurred with the House version, advancing the bill in the Senate.
  • Status: Senate concurred; the bill is positioned for final enactment subject to standard gubernatorial action (signature, veto, or potential amendments).

Practical considerations

  • The 60-day pause is a short-term relief mechanism; borrowers and families should pursue mortgage mitigation options, loss mitigation programs, or refinancing opportunities during the delay.
  • Lenders retain a duty to comply with the 60-day halt once proper notice and proof of death are provided.
  • The text does not specify extensions, exceptions for certain loan types, or impacts on non-judicial vs. judicial foreclosure processes.

This summary reflects the bill’s current text and stated intent to provide temporary foreclosure protection for recently widowed spouses or families after a borrower’s death.

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

Sign in to ask a question.