BOSTON – The state’s highest court, ruling in a Springfield housing dispute, said Tuesday that a 13-month-old state law prohibits mortgage companies from evicting tenants from foreclosed residential homes without just cause.
In a decision written by Judge Ralph D. Gants, the state Supreme Judicial Court said the 13-month-old state law prevents such no-cause evictions even if the foreclosing owner purchased the property and started the eviction process before the state law was passed. The high court upheld an earlier decision by a judge for the western division of the state Housing Court in Springfield that halted the previously-common practice of “no-fault” evictions from foreclosed homes.
The state law protects all residential tenants in foreclosed properties who, on or after August 7 of last year — the date the law was signed by Gov. Deval Patrick – had yet to vacate or be removed from the premises by an eviction, the court said. The law was passed by legislators and the governor on an emergency basis during a foreclosure crisis and intended to protect people and neighborhoods, the court said.
The law bans institutional lenders who own foreclosed properties from evicting residential tenants without cause, the court said.
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