Section 77B. The mayor of any city or the selectmen of any town which holds property acquired by foreclosure of tax titles or acquired under section eighty may appoint a custodian who shall have the care, custody, management and control of all property heretofore or hereafter so acquired by said city or town. The custodian shall serve during the pleasure of the mayor or selectmen and shall receive as his compensation, if any, a sum fixed by the mayor or by the selectmen.
The custodian, acting on behalf of the city or town, may, notwithstanding any provision of law, ordinance or by-law inconsistent herewith, sell at public auction any such property, first sending a notice thereof as herein provided to the owner of record immediately prior to the acquisition by the city or town of the title to such property. Such notice shall contain a description of the property to be sold sufficient to identify it, shall state the date, time and place appointed for the sale thereof and the terms and conditions of such sale, and shall be sent by registered mail to the address of such owner as appearing upon the records of the assessors of the city or town, at least fourteen days before such sale. The custodian shall also, not less than fourteen days before such appointed date, post a similar notice in two or more convenient and public places in the city or town. Failure to send or to post a notice as herein provided, or any insufficiency in the notice sent or posted, shall not invalidate the title to any property sold hereunder. The custodian may reject any and all bids at such sale or any adjournment thereof if in his opinion no bid is made which approximates the fair value of the property, and he may adjourn the sale from time to time for such periods as he deems expedient, giving notice thereof at the time and place appointed for the sale or for any adjournment thereof. After any such sale and upon payment by the purchaser to the city or town of the amount of a bid accepted by the custodian, the treasurer of said city or town shall, on its behalf, execute and deliver any instrument necessary to transfer the title of the city or town to any such property sold under this section. This section shall not be construed to prevent a city or town from disposing of such property under section three of chapter forty, or in any other manner authorized by law.
Any officer or board which executes a deed to convey property acquired by a city or town by foreclosure of a tax title or under section eighty, shall not execute such deed to any person unless such person has submitted to said board or officer a statement signed under the pains and penalties of perjury that neither he nor any person who would gain equity in the property as a result of such conveyance has ever been convicted of a crime involving the willful and malicious setting of a fire or of a crime involving the aiding, counseling or procuring of a willful and malicious setting of a fire, or of a crime involving the fraudulent filing of a claim for fire insurance; or is delinquent in the payment of real estate taxes to the city or town in which the property is being sold, or if delinquent, that a pending application for abatement of such tax, or a pending petition before the appellate tax board or the county commissioners has been filed in good faith. If there is more than one grantee of such deed, each grantee must file such statement, and no such deed shall be valid unless it contains a recitation that the board or officer granting the deed has received such statement.
If the custodian is of the opinion that a sale of any such property is not immediately practicable, the custodian, acting on behalf of the city or town, may, subject to the approval of the mayor or the selectmen, notwithstanding any provision of law, ordinance or by-law inconsistent herewith, lease such property for a term not exceeding three years, and may on behalf of the city or town execute and deliver such lease.
The custodian, subject to appropriation, may employ one or more assistants as may be necessary for the proper performance of his duties. Such assistants shall receive as compensation such amounts as may be approved by the mayor or by the selectmen.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 60 - Collection of Local Taxes
Section 2 - Collection; Payment Over; Returns; Abatement
Section 2a - Banks Designated to Receive Tax Payments; Agreements
Section 2b - Municipal Taxes; Collection Services; Agreements; Compensation; Reports; Accounting
Section 2c - Assignment or Transfer of Tax Receivables; Conditions of Sale; Limitations
Section 3 - Tax Bills; Notices; Affidavits of Sending
Section 3c - City or Town Scholarship Fund; Donation; Deposits; Distribution
Section 3d - City or Town Aid to Elderly and Disabled Taxation Fund; Voluntary Check Off Donations
Section 3e - Application of Partial Payments
Section 6 - Books or Electronically Prepared Records Containing Tax Lists; Duty to Keep
Section 8 - Collector's Books as Municipal Property; Open to Examination
Section 12 - Custody of Books, etc.; Demand
Section 13 - Necessity and Duty to Give Bond
Section 14 - Special Collector; Bond
Section 15 - Fees of Collector
Section 15b - Tax Title Collection Revolving Fund
Section 17 - Unpaid Taxes; Collection
Section 20 - Certificate of Abatement
Section 21 - Error in Name of Person; Collection From Intended Persons
Section 22a - Separate Tax Bills or Notices; Partial Payments on Account; Receipts
Section 23 - Filing Certificates; Releasing Liens, Etc.
Section 23a - Certificate of Liens; Fee Schedule; Acceptance of Section Prior to Jan. 1, 1988
Section 23b - Certificate of Liens; Fee Schedule
Section 24 - Levy by Distress or Seizure and Sale; Exemptions
Section 25 - Detention of Goods Distrained; Notice; Sale
Section 26 - Adjournment; Notice
Section 27 - Levy of Tax on Land by Distress of Stock and Produce
Section 28 - Accounting for Surplus
Section 29 - Issuance of Warrant to Collect; Hearing; Imprisonment
Section 30 - Certificate of Commitment
Section 31 - Release of Imprisoned Taxpayers; Proceedings
Section 32 - Liability of Collector for Taxes, etc., After Discharge
Section 34 - Warrants; Release After Service; Rearrest
Section 34a - Bond; Release of Delinquent Taxpayer From Custody
Section 35 - Actions Against Delinquent Taxpayers
Section 36 - Collection From Decedents' Estates
Section 37 - Lien of Taxes on Land; Duration; Sale; Title
Section 37a - Sales, etc., That Cannot Be Legally Made; Statements by Collectors
Section 37b - Certification of Amounts Necessary for Taking Land Under Sec. 37
Section 38 - Mortgagees; Notice Requiring Demand for Payment
Section 39 - Service of Tax Notice; Designating Place
Section 40 - Notice of Sale; Contents
Section 41 - Description in Case of Change of Local Name
Section 42 - Notice of Sale; Posting
Section 43 - Conduct of Sale, Etc.
Section 45 - Collector's Deed; Contents; Effect
Section 46 - Defective Titles; Reimbursement of Purchasers; Reassessment
Section 47 - Tax Title Owners; Filing Required Statements
Section 48 - Insufficient Bids; Municipality as Purchaser; Collector's Duties
Section 49 - Purchase Price Unpaid; Validity of Sale
Section 50 - Municipalities as Purchasers; Deeds; Tax Title Accounts; Foreclosures
Section 50a - Municipalities; Land Held Under Tax Sales; Protecting Interests
Section 50b - Municipalities; Foreclosure Proceedings; Appropriations
Section 51 - Several Parcels of Small Value; Sale Together
Section 52 - Management and Sale of Land Acquired for Taxes
Section 53 - Taking for Taxes; Notice
Section 54 - Instrument of Taking; Form; Contents; Effect
Section 56 - Taking in Name of One of Several Owners; Extent of Taking
Section 57 - Affidavit of Collector, etc.; Evidence
Section 57a - Payment by Check or Electronic Funds Transfer Not Duly Paid; Penalty
Section 58 - Payments by Mortgagee; Addition to Debt
Section 59 - Payments by Mortgagors or Mortgagees
Section 60 - Payments by Other Than Fee Owners
Section 61 - Taxes Subsequent to Sale or Taking
Section 61a - Lands Subject to Tax Titles Held by Municipalities; Taking for Nonpayment of Taxes
Section 62 - Land Taken or Sold for Taxes; Redemption
Section 62a - Municipalities; Payment Agreements
Section 63 - Payments to Treasurer Instead of Purchaser; Certificate of Release
Section 64 - Absolute Title After Foreclosure
Section 65 - Rights of Redemption; Petition for Foreclosure; Legal Fees
Section 66 - Title Examinations; Notice
Section 68 - Answer; Offer of Redemption; Hearing
Section 69 - Decree Barring Redemption; Vacating Decree; Petition
Section 70 - Validity of Title; Questioning; Decree of Court
Section 71 - Jury Trials; Waiver; Framing Issues
Section 72 - Questions of Law Reported
Section 73 - Costs and Fees; Deposit by Petitioner
Section 75 - Practice and Procedure
Section 76 - Jurisdiction of Land Court; Petition for Redemption
Section 76a - Partial Redemption; Divided Lands
Section 76b - Errors or Irregularities in Water, Sewer Use or Municipal Light Rates and Charges
Section 76c - Tax Titles Held by Towns; Notice of Assignments, Redemptions or Foreclosures
Section 77a - Sale by Municipalities; Land Acquired Through Foreclosure; Recording Deeds
Section 77c - Deeds Accepted by Municipalities in Lieu of Foreclosure; Taxes
Section 79 - Sale Without Foreclosure; Inquiries
Section 80 - Lack of or Inadequate Bids; Sales Without Foreclosure
Section 80a - Title to Land Conveyed Under Sec. 79 or Sec. 80; Questioning Barred
Section 80b - Title Acquired Under Sec. 79 or Sec. 80; Petition to Establish; Procedure
Section 80c - Title to Land Conveyed Under Sec. 79 or Sec. 80; Curing Defects
Section 82 - Notice to Holder of Invalid Tax Title; Release of Interest
Section 83 - Failure to Release Interest; Recording Affidavit of Notice by Collector
Section 84a - Certificates of Invalidity; Refunds to Tax Holders
Section 85 - Taxes Paid by Co-Tenants; Lien on Co-Tenants' Interest
Section 86 - Enforcement of Lien of Co-Tenant
Section 87 - Directions to Collectors; Ordinances or By-Laws
Section 88 - Tax Lists and Warrants; Posting by Sheriff or Deputies
Section 89 - Fees of Sheriff for Collecting Taxes
Section 90 - Treasurer as Collector; Warrants
Section 91 - Foreign Corporation; Non-Resident; Failure to Pay Taxes; Restraint on Business
Section 93 - Money Due Taxpayer From Municipalities; Withholding for Delinquent Taxes
Section 94 - Accounts and Receipts of Collectors; Exhibiting on Request of Municipal Officers
Section 95 - Credits and Payments to Collectors
Section 96 - Removal of Collectors
Section 98 - Back Taxes; Actions to Recover
Section 99 - Collectors; Failure to Exhibit Accounts or Receipts
Section 100 - Collectors; Failure to Turn Over Accounts
Section 101 - Violations of Sec. 12
Section 102 - Collectors; Violations of Sec. 2 or Sec. 8
Section 103 - Failure to Aid Collector