{"id":"SEC-13-072","kind":"order","level":"state","jurisdiction":"Massachusetts","state":"MA","metro":"","industry":"13","agency":"","eco":"","issuer":"Massachusetts General Court; approved by Governor Charles D. Baker","authority":"Mass. Const.; emergency law (St. 2020, c. 65)","instrument":"Chapter 65 of the Acts of 2020","title":"An Act Providing for a Moratorium on Evictions and Foreclosures During the COVID-19 Emergency","dateIssued":"2020-04-20","effective":"2020-04-20 (emergency law)","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","startDate":"2020-04-20","endDate":"2020-12-31","quarters":["2020Q2","2020Q3","2020Q4"],"types":["OTHER","CRT"],"addressees":["landlords","creditors and mortgagees","courts, sheriffs and constables"],"clause":"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\u0027s 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","functions":["SV (compelled 180-day forbearance on attestation; foreclosure process barred; credit reporting)","ML","CB"],"notes":"Same instrument as MA-052. The Massachusetts analogue of CARES Act sec. 4022, reaching every residential mortgage regardless of federal backing.","sourceUrl":"https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter65","snapshot":"","fileExists":true,"fileBytes":130222,"grade":"primary","character":"","description":"","collection":"SEC-13","url":"/library/SEC-13-072","exhibitUrl":"/exhibit/SEC-13-072","citation":"Massachusetts General Court; approved by Governor Charles D. Baker, Chapter 65 of the Acts of 2020 (Apr. 20, 2020) (Ex. SEC-13-072)","stateName":"Massachusetts","related":["MA-052"]}