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Council enrolls revised tax-title sale procedure to protect surplus sale proceeds
Summary
The council enrolled an ordinance amending the city's tax-title sale procedures to implement a process that allows former owners to claim surplus proceeds above outstanding taxes, following recent court guidance affecting Massachusetts municipalities.
The Malden City Council voted to enroll an ordinance updating the city's tax-title sale procedures to comply with recent case law requiring a mechanism for returning surplus sale proceeds to prior owners.
Councilor Winslow explained the change: a recent Supreme Court decision affecting Massachusetts requires municipalities to create a process by which any excess sale proceeds above outstanding tax liabilities can be claimed by former owners. The council's treasurer, Grover, developed the proposed procedure and sought legal review; the ordinance language was recommended by the Rules and Ordinance Committee to be enrolled without amendment.
Councilor O'Malley expressed support for a careful process, saying it is important the council maintain involvement and due diligence when handling tax-title properties. The council voted to enroll the ordinance on a motion by Councilor Winslow, seconded by Councilor Colon Hayes; the motion carried.
The ordinance sets a formal process for public notification and a mechanism for former owners to claim any surplus proceeds when tax-title properties are sold. The council did not specify implementation dates beyond enrollment; city treasurer and legal staff will finalize administrative steps.
