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How Can We Force the State to Take Ownership of Property for Back Taxes?

How Can We Force the State to Take Ownership of Property for Back Taxes?

Full question:

Massachusetts - A couple filed for Chapter 7 Bankruptcy in 1992. They had a number of Condominium units, which were listed. They gave up the condos, but it's now 2011, the Town still lists the two as the owners of one particular condo unit. The bank never foreclosed. The bank(s) have been bought out repeatedly - maybe 4 or 5 times over the last 10 to 15 years. Should the two take any affirmative steps to get the condo unit out of their name, or just leave the whole thing alone? Is there legal liability if they remain on the deed? What about Condo fees? The Condo Association filed a lien for past due condo fees in 1995 and the Town filed an Instrument of Taking in 2005, but they still remain the record owners to this day. How should they best proceed?

Category: Bankruptcy
Date: 04/07/2025
State: Massachusetts

Answer:

The answer will depend on the terms of the bankruptcy order, but it is possible that a petition to quiet title or writ of mandate could be used to transfer the title. As the titled owner, a person is generally responsible for condo fees. As the titled owner, you remain liable for property taxes. A taxpayer remains personally liable for unpaid state taxes even though the state tax lien expires. There may be an issue over whose lien takes priority, the state or the bank. We suggest you consult a local attorney who can review all the documents and facts involved.

A writ of mandate is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. It is also referred to as a writ of mandamus. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation,

For further discussion, please see:

http://recenter.tamu.edu/pdf/1110.pdf
http://www.mass.gov/?pageID=dorterminal&L=6&L0=Home&L1=Businesses&L2=Help+%26+Resources&L3=Legal+Library&L4=Regulations+(CMRs)&L5=62C.00%3a+State+Tax+Administration&sid=Ador&b=terminalcontent&f=dor_rul_reg_reg_830_cmr_62c_50_1&csid=Ador

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What does it mean to quiet title in Massachusetts?

Quiet title is a legal action to establish ownership of property and eliminate any claims or disputes over it. In Massachusetts, a person can file a petition to quiet title in court if they believe their ownership is challenged or unclear. This process can help clarify who legally owns the property and may be necessary if there are liens or other claims against the title. Consulting an attorney is advisable to navigate this process effectively.

What are the consequences of remaining on a condo deed?

Remaining on a condo deed means you are still legally recognized as the owner, which can lead to liability for condo fees and property taxes. If the condo association files a lien for unpaid fees, you may be responsible for those charges. Additionally, if the property is foreclosed or sold, you could face legal repercussions. It's essential to address any outstanding obligations to avoid future complications.

How can I remove my name from a property deed in Massachusetts?

To remove your name from a property deed in Massachusetts, you typically need to execute a quitclaim deed, which transfers your interest in the property to another party. If there are legal complications, such as liens or disputes, you may need to file a petition in court. Consulting a local attorney can provide guidance tailored to your specific situation and ensure all legal requirements are met.

What happens if a bank does not foreclose on a property?

If a bank does not foreclose on a property, the current owners remain legally responsible for the property, including any associated fees and taxes. The bank's failure to foreclose does not eliminate the owners' obligations. If the owners wish to clear their title, they may need to take legal action, such as a petition to quiet title, to resolve any outstanding claims or ownership issues.