Malden Council votes to sell two tax-title properties after Land Court judgments; 30-day hold for owner redemption

The Malden City Council voted on May 20 to sell two properties the Massachusetts Land Court awarded to the city in recent tax-title judgments, authorizing a 30-day delay before listing the houses to give owners an opportunity to redeem the titles.

The action followed a presentation from City Treasurer Dan Grover, who told the council the court judgments started a 14‑day clock under the revised state tax‑title law requiring municipalities to decide whether to retain or sell land‑court‑awarded properties. Grover said the city lacks funds to retain either property and recommended selling both while allowing attorneys to continue negotiations with the owners during a short hold period.

Why it matters: the council’s votes trigger a statutory process with tight deadlines under updated Massachusetts tax‑title law; the council also discussed how proceeds and any excess equity would be handled if owners later claim them.

Grover explained the legal timeline and options. Under the state changes, a municipality deciding to retain a tax‑title property must obtain appraisals, pay any excess equity to the former owner, and comply with statutory notice and redemption windows. If the city chooses to sell, it must list the property with a realtor for up to 180 days before alternative sale methods are permitted; auctioning becomes available only after a full year without a sale. Grover recommended a 30‑day hold on listing while tax‑title attorneys continue to negotiate.

Councilors questioned process details and potential community impacts. Councilor Simonelli urged caution and reminded colleagues that proceeds from sales of public land historically required specific accounting steps (a home‑rule petition in past practice) before funds could be moved into the general fund. Grover said the tax‑title statute differs from other public‑property sales and that the legislature’s recent changes govern the tax‑title process.

Council discussion included the properties’ condition and equity. Grover said 42 Crescent Ave is a rental property whose owners nonetheless pay taxes on a separate residence; he described 4042 Wentworth as having unpaid taxes since fiscal 2017 and owing in excess of $100,000. He also gave assessor values in the staff presentation: 42 Crescent Ave was described as assessed at more than $900,000 and the Wentworth property as roughly $700,000 (figures characterizing assessment values discussed during the meeting and described by Grover as estimates).

The council moved to sell each property with a 30‑day hold to allow the owners a final opportunity to redeem. On 42 Crescent Ave (Land Court case 24TL000383, parcel 072824410) the roll call recorded yes votes from Councilors Condon, Crow, Linehan, McDonald, Cica, Simonelli, Spadafore, Taylor, Winslow and Council President O’Malley. The motion to sell 4042 Wentworth St. (Land Court case 22TL000343, parcel 029145418) carried on a roll call after Councilor Colon Hayes recused from that matter because of a potential conflict; the roll call recorded yes votes from the remaining members.

What the council directed next: the council authorized staff and the city’s tax‑title attorneys to pause listing for 30 days while attempting post‑judgment redemptions, and to return with any development or ordinance changes needed to align city procedures with the state law. Treasurer Grover recommended the council consider appointing a tax‑title custodian under Mass. Gen. Laws ch. 60, §77B and updating the city ordinance for selling tax‑title property to reflect the new statutory procedure.

The council president also said the body would ratify the emergency vote at its next meeting to address the open‑meeting notice timing.

Ending: Councilors asked staff to return with proposed ordinance changes and with additional detail on potential fiscal and administrative steps should the properties move to sale.