What Can You do About It? Vote “YES” to End Home Equity Theft in Bolton
Bolton Voters Make Sure to Attend the Town Meeting – May 6th
See the Town Meeting Warrant Here
See the Meeting Slide Show Here
Article__: Stop Home Equity Theft
To see if the Town will vote to: Immediately stop all foreclosures on tax titles until the Massachusetts Legislature has rewritten the constitutionally infirm statute M.G.L. c. 60, §64, which authorizes “takings” in violation of the Fifth Amendment of the U.S. Constitution. To avoid ongoing litigation costs and to resolve any previous tax title foreclosures currently in dispute the Town shall engage in mediation and negotiate settlements ASAP. Furthermore the Town shall avoid the necessity of foreclosing and use of the power of sale, by authorizing reasonable repayment agreements, not employing §215-2 of the bylaws but instead facilitating the permitting required for sale at fair market value of the smallest undivided portion of the parcel(s) prior to foreclosure. If necessary the Town shall recoup delinquent taxes and collection costs by power of sale returning to the owner any surplus above the taxes, interest and charges of keeping and sale per M.G.L. c. 60 § 43 and M.G.L. c. 60 §28. If after an unavoidable foreclosure, but prior to a public sale, the Town desires to retain a tax title property for Town Purposes it shall authorize such according to MGL Chapter 40, section 14 and Chapter 44, section 7.
Summary:
On May 25, 2023 The U.S. Supreme Court’s unanimous decision in Tyler v. Hennepin County, 143 S.Ct. 1369 (2023), declared that tax schemes like the one in Massachusetts are unconstitutional. The Land Court tells us that under the U. S. Constitution, property owners will be owed compensation from a tax foreclosure—if the property taken by the government is worth more than the tax debt owed. The Massachusetts Attorney General has warned that to avoid an unconstitutional taking, any excess funds recovered or excess value must be provided to the original property owner. In addition municipalities will be held liable for legal costs in any ongoing State and Federal actions necessary to recoup the equity. This article provides an alternative, working with property owners to create reasonable repayment agreements, and allow the permitting necessary to sell at full and fair market value, avoiding the need for a public auction sale. If the Town wishes to retain a foreclosed tax property it will follow the same procedure as it would to acquire any other property and will come before Town Meeting and receive the necessary 2/3 vote as any other expenditure to acquire real estate would. This article is in keeping with the proposed State Legislation S. 921 and H. 2937. All references available at https://nashawaytrailalpacas.com/stop-home-equity-theft
See all the Legal Citations for the above Citizens Petition
If you want to learn more and possibly say a few words at Town Meeting in support of this article please email: 110teeleroad@gmail.com
Consider sending a Letter to the Editor of our local paper the Bolton Independent
We are looking to have multiple people second this Citizen’s Petition – Once the Article is “moved” feel free to shout out “Second”