Monday, January 28, 2013

Land Court Judge OKs Real Estate Tax-Delinquent Property Owner's Effort To Redeem Home & Void Tax Foreclosure; Reverses Town's Earlier Decision To Refuse Back Payments & Snatch Premises

In Middleboro, Massachusetts, The Enterprise reports:

  • A Land Court magistrate overturned a selectmen decision and granted a man’s plea to pay his back taxes and avoid losing his property to the town.

    “That’s what I expected,” selectmen Chairman Alfred P. Rullo Jr., said about the ruling, declining further comment.

    On Jan. 7, selectmen unanimously denied a request by John and Rose Ewas to vacate the foreclosure on their property.

    On Thursday, Boston Land Court Clerk Magistrate Deborah J. Patterson overturned the selectmen’s denial and granted John Ewas’ request to vacate the foreclosure.

    The issue dates back to September 2011, when the Ewases’ property at 4 Vine St. was foreclosed on and the title transferred to the town for back taxes for the years 2004, 2006, 2009, 2010 and 2011. By September 2012, Ewas began proceedings to redeem the property, which culminated in the Jan. 7 selectmen’s hearing.

    Judge Patterson said Ewas was within the one-year legal time limit to make a motion to void the foreclosure.

    “If a town opposes the motion to vacate, I will hear the argument,” Patterson said, adding it is within her jurisdiction to allow Ewas to pay the back taxes. Patterson stipulated that Ewas must pay the taxes in full and instructed the town to provide the court with an itemized bill.

No comments: