Friday, October 27, 2023

 By The Republican Editorials

The law is complicated, but for it to serve a civil society, it must be inherently fair. The plight of a Springfield woman now before the Supreme Judicial Court smacks of unfairness.
It is legal in Massachusetts for people in arrears on property taxes to face foreclosure on their homes. In the course of that, they have lost more than the security of shelter and dollar value of what’s owed to a municipality.
In May, the U.S. Supreme Court issued a ruling, Tyler v. Hennepin County, Minnesota, that is likely to end this greedy feasting on misfortune. The high court found that this process violates the “Takings Clause” of the Fifth Amendment of the U.S. Constitution. The ruling stands in conflict with Chapter 60 of the Massachusetts General Laws.
Springfield homeowner Ashley Mills and two legal groups want the SJC to broker an end to this practice. Attorney Frank Bailey, of the Pioneer Public Interest Law Center, says the Massachusetts statute contains language akin to what the high court found unconstitutional in Minnesota. New York and Nebraska have adjusted laws in light of the decision.
Massachusetts appears poised to join that movement away from a deeply unjust practice. After the May ruling, the Massachusetts Land Court said municipalities engaged in tax foreclosure cases must “provide just compensation to property owners.”


2 comments:

  1. If your name appears on the current Templeton tax taking list, you need to look into this, and I would attend a meeting of selectmen and ask them if they are prepared with the funds to cover the costs involved. Find out like yesterday, what are penalties, interest and how they are accrued. Whether or not you find yourself behind on property taxes, now is the time to arm yourself with information on this process. Do not let town government screw you over as the legal landscape changes on this idea.

    ReplyDelete
  2. This is a major change within Massachusetts Real Estate tax laws. An entire industry is involved in the stealing of equity from homeowners and has been a thriving a business within MA.

    I personally feel we need to adjust our "special article" money to remove "tax taking" funds as the demand for these products during a period of high interests is going to flat.......particularly with no "gold" in foreclosure.

    We are being asked for an additional $15,000 this fall tax/title work for treasurer even though we have almost $33,000 in special articles already for this very item.
    Why do we need $48,000 for tax/title work?


    ReplyDelete