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HOUSE DOCKET, NO. 81 FILED ON: 1/7/2023
HOUSE . . . . . . . . . . . . . . . No. 2937
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jeffrey N. Roy and Tommy Vitolo
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to tax deeds and protecting equity for homeowners facing foreclosure.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey N. Roy10th Norfolk1/4/2023Tommy Vitolo15th Norfolk1/7/2023Natalie M. Blais1st Franklin1/7/2023Sean Garballey23rd Middlesex1/26/2023Christopher Hendricks11th Bristol2/6/2023Christopher M. Markey9th Bristol2/6/2023Antonio F. D. Cabral13th Bristol2/6/2023David Paul Linsky5th Middlesex2/14/2023Steven S. Howitt4th Bristol2/14/2023James K. Hawkins2nd Bristol2/14/2023Tram T. Nguyen18th Essex2/14/2023Susan Williams Gifford2nd Plymouth2/14/2023Mindy Domb3rd Hampshire2/14/2023Carmine Lawrence Gentile13th Middlesex2/14/2023Thomas M. Stanley9th Middlesex2/14/2023Kevin G. Honan17th Suffolk2/14/2023Jack Patrick Lewis7th Middlesex2/14/2023Adrian C. Madaro1st Suffolk2/14/2023 2 of 2
Tricia Farley-Bouvier2nd Berkshire2/14/2023James C. Arena-DeRosa8th Middlesex2/22/2023Danillo A. Sena37th Middlesex2/22/2023 1 of 4
HOUSE DOCKET, NO. 81 FILED ON: 1/7/2023
HOUSE . . . . . . . . . . . . . . . No. 2937
By Representatives Roy of Franklin and Vitolo of Brookline, a petition (accompanied by bill,
House, No. 2937) of Jeffrey N. Roy, Tommy Vitolo and others relative to tax deeds and
protecting equity for homeowners facing foreclosure. Revenue.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to tax deeds and protecting equity for homeowners facing foreclosure.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 53 of chapter 60 of the General Laws, as appearing in the 2018
2Official Edition, is hereby amended by striking the first paragraph in its entirety and replacing it
3with the following new paragraph:-
4 If a tax on land is not paid within 14 days after demand therefor and remains unpaid, the
5collector shall request a hearing in the land court seeking authorization to exercise the power of
6taking. The collector shall give 14 days notice of the intention to exercise such power of taking
7and of the hearing in the land court, which notice shall be served in the manner required by law
8for the service of subpoenas on witnesses in civil cases and shall be published and shall conform
9to the requirements of section 40. The collector shall also, 14 days prior to the hearing, post a
10notice so conforming at the property proposed for taking, in a newspaper of general circulation
11and in 2 or more convenient and public places where the property is located and the last known
12address of the owner. At the hearing, the court shall make inquiry into the nature of the debt 2 of 4
13owed and whether there is sufficient evidence to demonstrate that the city or town has not
14received payment from the debtor. The court shall also make inquiry and findings relative to the
15sufficiency of notice provided by the collector. The land court may authorize the taking only
16after issuing its findings in writing. Upon issuance of an order on the taking, the land court shall
17also order a public sale of the foreclosed property and order distribution of proceeds consistent
18with the provisions of section 21 and sections 24 to 27, inclusive, of chapter 183; provided, that
19the order shall treat the tax title holder like a mortgagee with the first priority interest in proceeds
20from the property, and treating the delinquent debtor as a mortgagor.
21 SECTION 2. Section 53 of chapter 60 of the General Laws, as appearing in the 2020
22Official Edition, is hereby amended by inserting after the word “forty” in line 7, the following
23words:- and must include a clear statement in bold print that “Failure to act will result in losing
24ownership of your property.”
25 SECTION 3. The second paragraph of said section 53 of said chapter 60, as so appearing,
26is hereby further amended by inserting after the first sentence the following sentence:- Upon
27fulfillment of the tax debt through the collection of rents or other income from the land, the tax
28collector shall file a document reflecting that the property was redeemed through the collection
29of rents or other income from the land, and shall withdraw possession of the property.
30 SECTION 4. Section 64 of said chapter 60, as so appearing, is hereby amended by
31striking out, in line 2, the words “be absolute after” and inserting in place thereof the following
32words:- convey a right to collect rents from the property until the debt is paid or to obtain
33payment, with first priority over all other liens from the proceeds of a judicial sale, upon. 3 of 4
34 SECTION 5. Said section 64 of said chapter 60, as so appearing, is hereby further
35amended by adding the following paragraph:-
36 If deemed appropriate and just by the land court, it may order seizure of rents or other
37income from the property if doing so would fully satisfy property tax liens and applicable
38interest and costs. Upon issuance of a judgment foreclosing the right of redemption, the land
39court shall also order a public sale of the foreclosed property and order distribution of proceeds
40consistent with the provisions of sections 21 and sections 24 to 27, inclusive; provided, that the
41order shall treat the tax title holder like a mortgagee with the first priority interest in proceeds
42from the property, and treating the delinquent debtor as a mortgagor.
43 SECTION 6. Section 66 of said chapter 60 of the General Laws, as so appearing, is
44hereby amended by inserting after the word “shall,” in line 12, the following words:- include
45language expressing the amount necessary to redeem the property and the consequences of
46failing to pay, and.
47 SECTION 7. Said section 66 of said chapter 60, as so appearing, is hereby further
48amended by striking out, in lines 17 to 19, the words “a default will be recorded, the petition
49taken as confessed, and the right of redemption forever barred” and inserting in place thereof the
50following words:- that failure to act will result in losing ownership of your property and a public
51sale of your property. If applicable, this could also result in eviction.
52 SECTION 8. Section 69A of said chapter 60, as so appearing,, is hereby amended by
53inserting after the first sentence the following sentence:- Except in the interest of justice, no
54petition to vacate a decree of foreclosure entered under section 69 and no proceeding at law or in 4 of 4
55equity for reversing or modifying such a decree shall be commenced after the date of the judicial
56sale and distribution of proceeds required under section 64.