Massachusetts Tax Lien Motion and Notice of Hearing

State:
Massachusetts
Control #:
MA-SKU-0489
Format:
PDF
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Description

Tax Lien Motion and Notice of Hearing

Massachusetts Tax Lien Motion and Notice of Hearing is a legal document required by the state of Massachusetts when a taxpayer is delinquent in paying taxes. It is issued by the Department of Revenue and informs the taxpayer of the amount due and the date, time, and place of a hearing to determine whether a tax lien should be imposed. The Notice of Hearing will also list the types of evidence and testimony that can be presented at the hearing. There are two types of Massachusetts Tax Lien Motion and Notice of Hearing: 1) Non-Judicial Tax Lien Motion and Notice of Hearing, and 2) Judicial Tax Lien Motion and Notice of Hearing. The Non-Judicial Tax Lien Motion and Notice of Hearing is issued when the taxpayer does not dispute the amount due, while the Judicial Tax Lien Motion and Notice of Hearing is issued when the taxpayer does dispute the amount due and requests a hearing to present evidence and testimony to dispute the amount.

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FAQ

When you do not pay your property taxes or water/sewer bills, a city or town may conduct a ?taking? to enforce its lien on your property. To do so, the city or town records what is called an ?instrument of taking? at the Registry of Deeds.

Cities and towns in Massachusetts, in an effort to collect back taxes, have the right to file a lien against a property owner in the Registry of Deeds. Municipalities can later foreclose the rights of owners to redeem the property (to get clear title to the property returned to them by paying the taxes).

The Land Court has jurisdiction over all tax lien foreclosures in Massachusetts. A tax lien foreclosure is a type of court case in which a city or town (or sometimes a third party) can seek to obtain full ownership of property if the property taxes, water bills, or sewer bills are not paid.

A tax lien allows a city, town, or sometimes a third party to get the tax title (see below) to the property, and after proper proceedings, to get full ownership of the property to enforce the collection of real estate taxes or water/sewer bills.

3 years from the due date of the return, taking into account an extension of time for filing the return, or. 2 years from the date the tax was paid.

County Clerk's Office: Your local county clerk, recorder or assessor has access to the public records as well. One of these offices is typically where liens are filed. You can speak with a clerk and more often than not they will assist you and let you know if there are any liens attached to your property.

Tax Lien. To protect the Commonwealth's interests, the collector will file a "Notice of Massachusetts Tax Lien." The tax lien is a public record and attaches to all of the taxpayer's real and personal property and may prevent the sale or transfer of the property attached.

The standard method of obtaining a release of estate tax lien is to file an estate tax return with the Massachusetts Department of Revenue (DOR) and obtain from the DOR a Release of Estate Tax Lien, known as an M-792 certificate. This is the required method when dealing with estates that are worth $1,000,000 or more.

More info

Download Tax Lien Motion and Notice of Hearing (with Certificate of Service – Court System (Massachusetts) form. Instant access to fillable Microsoft Word or PDF forms.Minimize the risk of using outdated forms and eliminate rejected fillings. The tax lien is not extinguished in a bankruptcy. If the judge approves the motion and sets another date for a hearing, you must wait another 30 days from the date of the new judgment to collect. All forms must be completed and submitted in English. THE GENERAL PROPERTY TAX ACT (EXCERPT) Act 206 of 1893. 211. 78t Notice of intent to claim interest; form and contents; procedures; hearing; definitions. I received an enforcement hearing notice about my child support case from Probation. Motion for Recordation of Judgment as Lien, PDF.

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Massachusetts Tax Lien Motion and Notice of Hearing