This page, Land Court Standing Order 8-20: Resumption of filing and processing of Servicemembers cases, following expiration of the moratorium applicable to such cases under St.2020, c.65, as extended by the governor, is part of
This page, Land Court Standing Order 8-20: Resumption of filing and processing of Servicemembers cases, following expiration of the moratorium applicable to such cases under St.2020, c.65, as extended by the governor, is offered by
Land Court Rules

Standing Orders

Land Court Rules Land Court Standing Order 8-20: Resumption of filing and processing of Servicemembers cases, following expiration of the moratorium applicable to such cases under St.2020, c.65, as extended by the governor

Adopted Date: 10/19/2020
Effective Date: 10/19/2020
Updates: Issued October 19, 2020, effective October 19, 2020

Superseding section V(C) of Land Court Amended Standing Order 7-20

Table of Contents

I. Introduction

The following Standing Order governs the procedures for the resumption of Servicemembers case activity and filings following the expiration at 11:59 p.m. on October 17, 2020 of the state moratorium applicable to Servicemembers cases, which was enacted by Chapter 65 of the Acts of 2020 and subsequently extended.

This Standing Order supersedes Section V(C) of Land Court Amended Standing Order 7-20, as last amended effective August 17, 2020, as well as any procedures or protocols promulgated by the Land Court Recorder’s Office concerning the handling and processing of Servicemembers cases, to the extent this Standing Order is inconsistent.  In all other respects, Standing Order 7-20 remains in full force and effect.

II. Resumption of eFiling

The Land Court will resume eFiling through the eFilema.com website for all new and pending Land Court Servicemembers cases.  Access by attorneys and the public to the Land Court's eFiling website will resume promptly following the issuance of this Standing Order. 

III. Affidavit no longer required

The Land Court’s Affidavit of Inapplicability of State and Federal Moratoria form is no longer required to be filed in connection with any new or pending Servicemembers cases.  

IV. Extension of “Return Day” in certain pending cases

For all pending Servicemembers cases in which an Order of Notice issued with a Return Day falling within the dates of March 10, 20201  through October 17, 2020,2  the Return Day previously established by the court is hereby extended to November 30, 2020.  Any person who claims to be entitled to the benefits of the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. c. 50 § 3901, et seq., and who objects to a foreclosure on that basis may timely file a written appearance and answer at eFilema.com or in the Land Court at Three Pemberton Square, Boston, MA 02108, on or before November 30, 2020 (the extended Return Day).  No judgment in a Land Court Servicemembers case that is covered by this section will issue prior to the passage of the extended Return Day on November 30, 2020.

V. Supplemental Orders of Notice; when required

Plaintiffs in pending Servicemembers cases subject to the extended Return Day set forth in Section IV herein, are not required to perform again any notice steps (e.g. publication, service by certified mail, or recording) that were completed prior to the effective date of Chapter 65 of the Acts of 2020 (April 20, 2020).  For any notice steps that remained incomplete prior to April 20, 2020, the Plaintiff must file and obtain a supplemental Order of Notice with a new Return Day from the Land Court.

Adopted October 19, 2020; effective October 19, 2020.

Downloads for Land Court Standing Order 8-20: Resumption of filing and processing of Servicemembers cases, following expiration of the moratorium applicable to such cases under St.2020, c.65, as extended by the governor

[1]  The date of the Governor’s Declaration of a State of Emergency to Respond to COVID-19.

[2]  The date of the expiration of the state moratorium on the filing of Servicemembers cases in Chapter 65 of the Acts of 2020, as extended.
 

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