Comments on: Top Democrats Introduce Legislation to Protect Military Families from Foreclosure https://4closurefraud.org/2013/05/08/top-democrats-introduce-legislation-to-protect-military-families-from-foreclosure/ - Fighting Foreclosure Fraud BY SHARING THE KNOWLEDGE Wed, 08 May 2013 12:48:24 +0000 hourly 1 https://wordpress.org/?v=7.0.2 By: Bonnie MacCracken https://4closurefraud.org/2013/05/08/top-democrats-introduce-legislation-to-protect-military-families-from-foreclosure/#comment-411762 Wed, 08 May 2013 12:48:24 +0000 https://4closurefraud.org/?p=59515#comment-411762 This is legislation I initiated that was signed into law on May 31, 2012 that transfers the burden of proof of notice from our soldiers to the bank.
HOMESTEAD LAW AMENDMENT PROTECTS DEPLOYED SERVICE MEMBERS FROM FORECLOSURE IN MASSACH– USETTS
Under Section 15, The VALOR Act, Acts of 2012, Chapter 108, An Act relative to Veterans’ Access, Livelihood, Opportunity, and Resources, Massachusetts Homestead Law was amended to provide additional protection to deployed service members in mortgage foreclosures. This amendment relieves soldiers from the burden of proof of deployment under the federal Servicemembers Civil Relief Act and amends the Declaration of Homestead to serve as notice to the mortgage holder. This amendment prevents the commencement of a foreclosure during a deployment.

The addition of the following language to the Declaration of Homestead form provides protection from foreclosure for deployed service members:
I/we [insert name(s) ] am/are servicemembers(s) who may be subject to protection under the servicemember(s) Civil Relief Act, 50 U.S.C. 553, should I/we be called to active duty.
This new amendment to the General Laws governing homestead protection incorporates the federal Servicemembers Civil Relief Act by removing the burden of proof of notice required when called to active duty. Under the Servicemembers Civil Relief Act soldiers have a burden of proof of notice and are required to give actual notice of their military status to their mortgage lenders. This amendment to the Homestead Act now serves as the mechanism of giving notice to a soldier’s mortgage holder through our public land records system and thereby prevents the commencement of a foreclosure during a deployment.
After Bonnie MacCracken, of Amherst, MA, realized that there was no mechanism in place to ensure that lenders acknowledged receipt of a soldier’s military status she initiated, lobbied for and co-authored this legislative amendment with Representative Ellen Story. If you would like for Ms. MacCracken to speak at or to provide information to your members please contact her at 413-256-6857 or by email at bmaccracken@comcast.net.
If you are a homeowner or own a mobile home and are presently serving in the military as National Guard, Reservist or are Active Duty and would like to protect your home under the Homestead Act you will need to complete a Declaration of Homestead that is provided at the link below and to check the fourth box under “Owners Information” of Section 2:
http://www.sec.state.ma.us/sec/rod/rodhom/Declaration_of_Homestead_form_Natural_Persons.pdf

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