Massachusetts Court Finds Plaintiff Has No Right to Sale Proceeds from Foreclosed Property

Massachusetts foreclosure proceedings may involve multiple legal challenges from different parties and extend over many years.  In a May 13, 2019 case, the Appeals Court of Massachusetts reviewed a dispute over the surplus sale proceeds following a real estate tax taking.  The action was brought by an individual plaintiff against the defendant, who was the owner of a foreclosed property. In 2010, the town executed a tax taking on property owned by the defendant.  The town subsequently filed a petition in Land Court to foreclose all rights of redemption on the property, and in 2014, obtained a foreclosure judgment in its favor.  The town sold the property at auction for approximately $815,000 in 2016. The plaintiff in the case had brought a Massachusetts Wage Act claim against the defendant in 2012.  She was awarded a judgment in the amount of $250,000, to be secured by a mortgage on the defendant’s property, which the plaintiff recorded in August…

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