Bill Sponsors
Famiglietti, Murray, Thompson, Dimitri, Appollonio, Patalano, Bissaillon, Bell, Paolino, and Burke
Committee
Senate Judiciary
Summary
Select
This legislation requires that anyone who wins a court judgment and records a lien against a person's real estate property must notify the property owner within ten business days. This notice must be sent via certified mail and include specific details, such as the amount owed, a description of the property, and instructions on how to pay or contest the lien. If the creditor fails to send this notice, the lien remains valid, but the creditor cannot enforce it until the notice is properly provided. Court clerks are required to keep records of these notices.
Sponsor
Analysis
Pros for Progressives
- Increases transparency and due process for debtors, ensuring that homeowners are promptly informed if a legal claim is placed against their property, preventing surprise seizures.
- Protects vulnerable populations from predatory debt collection tactics by pausing the enforcement of a lien until the property owner has been properly notified and given a chance to respond.
- Empowers individuals to contest unjust or erroneous liens sooner, potentially saving families from housing instability caused by administrative errors or lack of knowledge.
Cons for Progressives
- Fails to invalidate the lien entirely if the creditor breaks the rule, meaning there is no significant penalty for creditors who ignore this consumer protection requirement other than a delay.
- Does not provide financial assistance or legal counsel to the debtor receiving the notice, leaving low-income individuals aware of the legal action but potentially unable to afford the help needed to resolve it.
- Relies heavily on the court system and physical mail, which may still fail to reach transient populations or those facing housing insecurity, potentially leaving the most marginalized unprotected.
Pros for Conservatives
- Strengthens private property rights by ensuring owners are fully aware of legal claims attached to their real estate assets, allowing them to defend their ownership interests.
- Promotes the rule of law and procedural order by establishing clear, standardized requirements for how judgment liens must be communicated to involved parties.
- Protects homeowners from administrative errors or fraudulent liens by ensuring they receive the information necessary to contest invalid claims immediately.
Cons for Conservatives
- Imposes additional regulatory burdens and mailing costs on businesses and creditors who are simply attempting to collect legitimate debts already awarded by a court.
- Expands government bureaucracy by requiring court clerks to maintain additional records regarding these specific notices and filings, potentially increasing taxpayer costs.
- Interferes with the efficiency of the free market debt collection process by creating potential delays in enforcement based on technical administrative requirements.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Property Owners
- Judgment Creditors
- Debt Collectors
- Court Clerks
- Attorneys
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
BillBuddy Impact Ratings
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Regulatory
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Clarity of Bill Language
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Enforcement Provisions
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Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/16/2026 Introduced, referred to Senate Judiciary
Bill Text
SECTION 1. Chapter 9-21 of the General Laws entitled "Judgments, Orders, and Decrees" is hereby amended by adding thereto the following section:
9-21-14. Judgment lien notice.
(a) Notwithstanding any such notice provided through the court process, within ten (10) business days of recording a judgment lien on real property, the judgment creditor shall send written notice to the property owner by certified mail at the last known address.
(b) The notice shall include:
(1) The name and address of the judgment creditor;
(2) The amount of the judgment;
(3) The property description affected by the lien; and
(4) Instructions on how to satisfy or contest the lien.
(c) Failure to provide the required notice shall not invalidate the lien but may toll any deadlines related to enforcement until notice is given.
(d) The clerk of the court shall maintain records of judgment lien filings and notices sent.
SECTION 2. This act shall take effect on January 1, 2027.
9-21-14. Judgment lien notice.
(a) Notwithstanding any such notice provided through the court process, within ten (10) business days of recording a judgment lien on real property, the judgment creditor shall send written notice to the property owner by certified mail at the last known address.
(b) The notice shall include:
(1) The name and address of the judgment creditor;
(2) The amount of the judgment;
(3) The property description affected by the lien; and
(4) Instructions on how to satisfy or contest the lien.
(c) Failure to provide the required notice shall not invalidate the lien but may toll any deadlines related to enforcement until notice is given.
(d) The clerk of the court shall maintain records of judgment lien filings and notices sent.
SECTION 2. This act shall take effect on January 1, 2027.