William P. O’Donnell, Norfolk County Register of Deeds, provides updates on lawsuit status

Dear residents and Registry of Deeds stakeholders,

It is timely to update Registry stakeholders and taxpayers of the status of the second “Registry law suit”. On June 28, 2024 Judge Cloutier of the Norfolk Superior Court ruled that the Norfolk County Commissioners and Norfolk County have violated a number of state laws. See the written decision William P. O’Donnell, vs. Joseph P. Shea, Peter H. Collins et al here: https://www.norfolkdeeds.org/wp-content/uploads/Decision-6-28-24-from-Judge-Cloutier.pdf

The Norfolk Superior Court ruled favorably for the Registry of Deeds. The Norfolk County Commissioners and Norfolk County violated Massachusetts General Laws Chapter 64D sections 11 and 12 when they failed to provide the required budgetary funding to the Registry of Deeds and when they spent funds and removed funds from a designated Registry of Deeds account.

Judge Cloutier found the County Commissioners’ actions to be unlawful. As Register of Deeds I was left with no choice but to litigate and prosecute this case on my own without the benefit of independent legal counsel which the Defendants have had throughout the court process. The law suit was prosecuted to insure the “automation, modernization and operation of the registries of deeds” as noted in the state law.

The Norfolk County Commissioners and Defendants filed a Motion to Reconsider despite Judge Cloutier pointing out in footnote #10 on page 11 that “…prior to 2020, the County’s interpretation of the statutes was largely consistent with the court’s interpretation.” This Motion to Reconsider was denied in a court ruling dated August 23, 2024 and received by the Registry of Deeds on August 28, 2024.

Sincerely yours,

William P. O’Donnell

Norfolk County Register of Deeds

P.S. The above case should not be confused with the other Registry lawsuit against Norfolk County Director John J. Cronin and the Norfolk County Commissioners – Joseph Shea, Peter Collins and Richard Staiti. A different Norfolk Superior Court judge ruled that County Director Cronin and the Norfolk County Commissioners violated state law in this case. See the written decision in 2282 CV 01001 here: https://www.norfolkdeeds.org/wp-content/uploads/Judgment-on-the-pleadings-2282-CV-01001.pdf

Norfolk County Registry of Deeds wins lawsuit against the County Commissioners

August 30, 2024  Dear Registry of Deeds stakeholder, ____It is timely to update Registry stakeholders and taxpayers of the status of the second "Registry law suit". On June 28, 2024 Judge Cloutier of the Norfolk Superior Court ruled that the Norfolk County Commissioners and Norfolk County have violated a number of state laws. See the attached written decision William P. O'Donnell, vs. Joseph P. Shea, Peter H. Collins et al. ____The Norfolk Superior Court ruled favorably for the Registry of Deeds. The Norfolk County Commissioners and Norfolk County violated Massachusetts General Laws Chapter 64D sections 11 and 12 when they failed to provide the required budgetary funding to the Registry of Deeds and when they spent funds and removed funds from a designated Registry of Deeds account. ____Judge Cloutier found the County Commissioners' actions to be unlawful. As Register of Deeds I was left with no choice but to litigate and prosecute this case on my own without the benefit of independent legal counsel which the Defendants have had throughout the court process. The law suit was prosecuted to insure the "automation, modernization and operation of the registries of deeds" as noted in the state law. ____The Norfolk County Commissioners and Defendants filed a Motion to Reconsider despite Judge Cloutier pointing out in footnote #10 on page 11 that "…prior to 2020, the County's interpretation of the statutes was largely consistent with the court's interpretation." This Motion to Reconsider was denied in a court ruling dated August 23, 2024 and received by the Registry of Deeds on August 28, 2024. Sincerely yours, William P. O'Donnell Norfolk County Register of Deeds P.S. ._The above case should not be confused with the other Registry lawsuit against Norfolk County Director John J. Cronin and the Norfolk County Commissioners – Joseph Shea, Peter Collins and Richard Staiti. A different Norfolk Superior Court judge ruled that County Director Cronin and the Norfolk County Commissioners violated state law in this case. See the written decision in 2282 CV 01001 attached.

Norfolk County Registry of Deeds | 649 High Street | Dedham, MA 02026-1831 US

Chapter 60 “in its present form, is untenable and requires legislative correction”

"For the first time, a Massachusetts court has ruled that the way some municipalities pursue tax-taking cases against homeowners — a practice critics call “equity theft” — is unconstitutional.

The ruling comes in the wake of a unanimous US Supreme Court decision last year that said municipal and county governments may only recover the taxes owed, and not seize the remaining equity in the property.

Massachusetts is one of only a handful of states that presently allow local governments to take not only the taxes they are owed (plus interest and fees) but also the rest of the equity in properties.

Most often, the cases involve people who have inherited real estate and own it without a mortgage but lack the income to pay the taxes. In some instances, property worth hundreds of thousands of dollars is taken by municipalities when the amount owed in taxes is a small fraction of that.

...... 

Massachusetts law is mostly silent on the question of equity, and in the absence of an explicit prohibition, some municipalities have assumed the right to keep the full equity, with few safeguards for property owners.

Callan, in his ruling, said the state law used by municipalities in tax-taking, known as Chapter 60, does not provide a recovery process and therefore is “unconstitutional as applied in circumstances, such as here, where the tax debt is less than the value of the property.”

Chapter 60 “in its present form, is untenable and requires legislative correction,” Callan wrote in his 19-page ruling."

Continue reading the article online (subscription maybe required) 

https://www.bostonglobe.com/2024/04/21/business/massachusetts-court-property-unpaid-taxes-equity-theft/

In 2017, the City of Greenfield targeted Stephen Woodbridge’s property for unpaid taxes of a little less than $6,000. Four years later, the city succeeded in gaining legal ownership of a property that had been in the Woodbridge family for 70 years. MATTHEW CAVANAUGH/FOR THE BOSTON GLOBE

Boston Globe: "Massachusetts commits $1 billion to move thousands out of nursing homes in wake of lawsuit settlement"

"Nursing home residents should find it dramatically easier to return to their communities after Massachusetts committed to spending $1 billion over the next eight years for new housing and community support for people seeking to leave long-term care facilities.

The commitment was part of a settlement in a lawsuit filed in US District Court by the Massachusetts Senior Action Council and seven nursing home residents who wanted to return to their communities but could not find housing to accommodate them. The plaintiffs had physical or mental disabilities but could live outside a nursing home setting with some supports, said Steven Schwartz, a lawyer from the Center for Public Representation and one of the attorneys for the plaintiffs. He estimated that a majority of the state’s 21,000 Medicaid recipients receiving long-term care at nursing facilities would be eligible to leave for community settings.

“Our very value as individual citizens [comes] from a set of community activities, working, voting, going to school, going to a baseball game,” Schwartz said in an interview. “None of these things we think of as valued experiences in our life are available living in nursing homes.”

The settlement would apply to all nursing home residents on Medicaid, who make up the vast majority of those in long-term residential care, Schwartz said."

Continue reading the article online (subscription maybe required)

https://www.bostonglobe.com/2024/04/21/metro/nursing-home-settlement-disabled-massachusetts/

A hallway at Blaire House nursing home in Tewksbury. JIM DAVIS/GLOBE STAFF