Land of Low Value Auction

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LAND OF LOW VALUE FORECLOSURE & AUCTION PROCESS

The Town of Salisbury will be holding a Land of Low Value auction on April 7, 2016, at 11:00 AM.  The auction will be held in the Colchester Auditorium, 2nd floor of Town Hall, 5 Beach Road, Salisbury, MA.  The purpose of this auction is to dispose of vacant parcels of land upon which the Tax Collector has recorded/filed a Tax Title Lien for unpaid taxes at the Registry of Deeds.  This process is different from other Tax Title Foreclosures that must be approved by the Land Court. The next step in this type of foreclosure, after the Tax Title Lien is recorded/filed at the Registry of Deeds, is for the Tax Collector and Assessor to submit a “Statement Relative to Tax Title – Land of Low Value” (Form 452A) to the Department of Revenue, Division of Local Services (DOR) for vacant parcels of land that are determined by the Assessors to have a value at or below the annual value determined by the Commissioner of Revenue.  The Commissioner of Revenue has determined the maximum valuation for parcels qualifying for the Land of Low Value Foreclosure procedure for affidavits approved during calendar year 2015 to be $20,920.

The DOR reviews the Statements to ensure that the Town has supplied all of the necessary documentation, complied with all of the proper procedures for foreclosure and that all of the criteria under MGL Chapter 60, Section 79 has been met. When the Statements are determined to be accurate and complete, the Commissioner of Revenue issues an “Affidavit to Foreclose Tax Title – Land of Low Value” (State Form 452) which is recorded at the Registry of Deeds or in the case of registered land, is filed with the Land Court. 

At least 14 days before a Land of Low Value Auction is held, a notice of Auction must be both published in the local newspaper and posted in a convenient public place and notices must be mailed to the owners of record.  In that notice, the Treasurer may reserve the right to remove any of the parcels listed in the Affidavit from the auction.  As a requirement for a Land of Low Value Auction, the minimum bid must include: taxes, interest and charges covered by the tax title lien, subsequent taxes and assessments, the current fiscal year’s outstanding taxes and, foreclosure expenses which include the recording fee and fee for legal services. For all successful bidders, these amounts must be paid to the Tax Collector, in the manner described in the published notice, within 10 days of the auction or the Treasurer will deed property(s) to the Town of Salisbury, along with any parcels that were not bid on at the auction, as provided by law.  Upon satisfaction of timely payment, the Treasurer shall, within 15 days of payment, record the deed.  Once the deed is recorded, the title is absolute.  Any unsold parcels that are deeded to the Town of Salisbury are then treated as any other Tax Title possession and may be disposed of by the Treasurer as prescribed by law.

If you have questions about the Land of Low Value Auction, the Town urges you to call Christine Caron at 978-465-0331 before the auction date of April 7, 2016.

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