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HomeMy WebLinkAboutProperty Auction 11/08/2017COMMONWEALTH OF MASSACHUSETTSpV(- i`t TOWN OF MANSFIELD -` tn' -ICE OFFICE OF THE TAX TITLE CU§T'66IAN 4a. 40 CUSTODIAN'S NOTICE OF SALE OFtur—`2 AC UIREDBY FORECLOSURE OF T ='ii4 To the former owner(s) of record and to all others concerned: Notice is hereby given that on November 8, 2017, commencing at 6:00 p.m, at the Mansfield Town Hall, Room 3 A/B, 6 Park Row, Mansfield, Massachusetts, acting on behalf of the Town of Mansfield and in accordance with the provisions of Massachusetts General Laws Chapter 60, I shall offer for sale at public auction the hereinafter described property acquired by said Town by foreclosure of the tax title thereon: 1. A parcel of land with any buildings or improvements thereon, containing about 1.25 acres, situated on Balcom Street and being described as Parcel ID 003-078 in the Office of the Assessors, Town of Mansfield, and being further described in the Bristol County N.D. Registry of Deeds in Book 1270, Page 322. For title, see also Book 19091, Page 98. 2, A parcel of land with any buildings or improvements thereon, containing about 3,43 acres, situated at 445 Fruit Street and being described as Parcel ID 036-164 in the Office of the Assessors, Town of Mansfield, and being further described in the Bristol County N.D. Registry of Deeds in Book title, see also Book 5892, Page 81, Book 7465, Page 350, Book 7486, Page 110 and Book 7531, Page 294. According to the 3975, Page 330. For Plan of Land recorded in the Bristol County N.D. Registry of Deeds in Plan Book 493, Page 78, a portion of the pool area and fence owned by the abutter located at Parcel ID 036-165 encroaches upon Parcel ID 036-164. 3. A parcel of land with any buildings or improvements thereon, containing about 2.10 acres, situated on Tremont Street and being described as Parcel ID 005-018 in the Office of the Assessors, Town of Mansfield, and being further described in the Bristol County N.D. Registry of Deeds in Book 2944, Page 269. For title, see also Book 18599, Page 292. 4 Two (2) parcels of land with any buildings or improvements thereon, collectively containing about 34,430 square feet, as follows: Land on Plain Street, containing about 28,330 square feet, being described as Parcel ID 004-087 in the Office of the Assessors, Town of Mansfield, and being further described in Bristol County Registry of Probate Case No. 160469. For title, see Bristol County N.D. Registry of Deeds, Book 18664, Page 344. ii. ontaining about 6,100 square feet, being described as Land on Oakridge Avenue, c Parcel ID 004-086 in the Office of the Assessors, Town of Mansfield, and being further described in the Bristol County N.D. Registry of Deeds, Land Registration Division, as Document 9237 on Certificate of Title No, 3280. For title, see Document 24684 on Certificate of Title No. 3280. This parcel of land was subsequently withdrawn from the registration system; see Document 96849 on Certificate of Title No. 14273. See also, Bristol County N.D. Registry of Deeds, Book 20249, Page 179, 5. A parcel of land with any buildings or improvements thereon, containing about 2.50 acres, situated on School Street Rear and being described as Parcel ID 023-001 in the Office of the Assessors, Town of Mansfield, and being further described in the Bristol County N.D. Registry of Deeds in Book 2164, Page 140. For title, see also Book 16092, Page 237. The sale of Parcel ID 023-001 shall be subject to an Access and Utility Easement over said Parcel in favor of the Town of Mansfield. 6, A parcel of land with any buildings or improvements thereon, containing about 2.00 acres, situated on School Street and being described as Parcel ID 026-007 in the Office of the Assessors, Town of Mansfield, and being further described in the Bristol County N.D. Registry of Deeds in Book 2164, Page 140. For title, see also Book 16092, Page 7, A parcel of land with any buildings or improvements thereon, containing about 1.30 acres, situated on North Main Street and being described as Parcel ID 019-192 in the Office of the Assessors, Town of Mansfield, and being further described in the Bristol County N.D. Registry of Deeds in Book 868, Page 579. For title, see also Book 1559, Page 159. On June 13, 2016, the Town of Mansfield completed paving from North Main Street to Concetta Drive. According to the Town of Mansfield Department of Public Works Regulations Governing Excavation/Construction Within Public Ways Effective April 15, 2009, Section IV(B), a street cut permitWith hn aeroa roadway o parcel t l not be granted ant e 2, this has been paved less than five (5) ye moratorium will expire on June 13, 2021. A request for a waiver, under an emergency condition, can be made to the Town of Mansfield Board of Selectmen. Said Board shall grant or deny said waiver in its discretion. Minimum deposit to qualify to bid will be $5,000.00, per property, payable in the form of a certified check, bank check or money order, payable to the Town of Mansfield. If the Town accepts your bid, said deposit shall be nonrefundable. Any and all bids at such sale or any adjournment thereof may be rejected if, in my opinion, no bid is made which approximates the fair market value of the property. All property will be sold subject to the Terms and Conditions of Sale, a copy of which is attached hereto. JACQUELINE BOUDREAU, TAX TITLE CUSTODIAN October 2017 TOWN OF MANSFIELD TAX TITLE AUCTION Terms and Conditions of Sale Prior to the start of the auction, all bidders shall be required to provide verification of their deposit in the amount of $5,000.00, in the form of a certified check, bank check or money order, per property, payable to the Town of Mansfield. The successful bidders' checks will be nonrefundable. The successful bidders shall pay the balance of the purchase price at the time of the closing by certified check, bank check, money order or attorney's trustee check. Bids shall be made in a minimum of One Thousand Dollar ($1,000.00) increments, or an amount as specified by the Auctioneer. 2. Any materials or documents concerning this auction prepared or furnished by the Town of Mansfield, its attorney, or the Auctioneer are solely for informational purposes. No warranty or representation is made as to the accuracy or completeness of the information. Prospective purchasers should make their own investigations and inspections and draw their own conclusions. 3. All properties will be sold "as is". The Town of Mansfield, its Tax Title Custodian, its employees, representatives, and/or agents make no warranties or representations as to the properties, including but not limited to, their condition, construction, fitness for habitation or whether they conform to applicable state or local building and sanitary codes. by re or er y, after the ning and 4 In case of any damage to the delivery of the Memorandum ofpSa elofsReal Property, the successful bidder shall bear he risk of loss. 5. The properties shall be conveyed subject to any environmental conditions, including, but not limited to, hazardous waste conditions which may or may not be in compliance with any applicable laws, policies or regulations. 6. The properties shall be conveyed subject to tenants or occupants, if any. It will be the responsibility of the successful bidder, not the Town of Mansfield or its Tax Title Custodian, to evict any former owner or any other person who may be residing or conducting a business on the premises and to remove any personal property. 7. The properties shall be conveyed subject to the right of redemption, if any, of the United States of America. g. The Tax Title Custodian reserves the right to reject any bid from any bidder, cancel the sale to any bidder and retain the deposit from any bidder who: a. In connection with a previous Tax Title Auction failed to: i. Close on the purchase of a property; and/or ii. Comply with any term or condition or sale; b. Was the owner of any property upon which the Town foreclosed for failure to pay: i. Real Estate Taxes; and/or personal property ii. Rents, water and sewer charges, motor vehicle excise taxes, p p ro p y taxes, parking ticket or any other indebtedness; or c. Has current code or ordinance violations or has previously failed to comply with Orders issued by any code enforcement department including, but not limited to, housing, building, fire and zoning, as determined by the Town's Code Enforcement Officer. Any officer, director, stockholder or member who holds ten percent (10%) or more of the outstanding stock of a corporation, limited liability company, trust, partnership, joint venture, or any other business entity, which has current code or ordinance violations or has previously failed to comply with orders issued by any code enforcement department, as determined by the Town's Code Enforcement Officer, shall cause said corporation, limited liability company, trust, partnership, joint venture, or any other business entity to be subject to the provisions of this paragraph. g. The Tax Title Custodian reserves the right to reject any and all bids at said auction, and may adjourn the same if, in her opinion, no bid is made which approximates the fair market value of the property. Any adjournment thereof may be made from time to time for such periods, as the Tax Title Custodian deems expedient, giving notice thereof at the time and place appointed for the sale or for any adjournment thereof. 10. Sale shall not be made to the prior owner or to an agent, representative or straw of the prior owner. 11. Sale shall not be made to any person who owes the Town of Mansfield any monies in the form of previously incurred real estate taxes, rents, water and sewer charges, motor vehicle excise taxes, personal property taxes, parking tickets or any other indebtedness. A corporation, limited liability company, trust, partnership, joint venture, or any other business entity shall be deemed to be a person within the meaning of this paragraph. Any officer, director, stockholder or member who holds ten percent (10%) or more of the outstanding stock of said corporation, limited liability company, trust, partnership, joint venture, or any other business entity, and who owes any monies to the Town of Mansfield as aforesaid shall cause said corporation, limited liability company, trust, partnership, joint venture, or any other business entity to be subject to the provisions of this paragraph. 12. In the event a deposit is received from any person in violation of these Terms and Conditions of Sale, as determined by the Tax Title Custodian, in her sole discretion, and the purchaser will on demand re -convey to the Town of deed of transfer has passed, the Mansfield, at no cost and for no consideration, all his/her right, title and interest in the purchased property. If such a violation of these Terms and Conditions of Sale should be determined to exist prior to the passing of the deed to the property, the sale shall be cancelled. All monies or deposits collected shall be forfeited and applied to any prior real estate taxes, rents, water and sewer charges, motor vehicle excise taxes, personal property taxes, parking tickets or any other indebtedness owed by the purchaser, former owner, agent, representative, or straw to the Town of Mansfield on any property owned by the purchaser or the aforementioned. PJ 13: The successful bidder will be required to submit an Affidavit pursuant to M.G.L, c. 60, § 77B. Also, the successful bidder will be required to submit an Affidavit - Disclosure of Property Owned in the Town of Mansfield. Copies of the aforementioned Affidavits are available online at www.JiManning.com or by contacting Jerome J. Manning & Co., Inc. d/b/a JJManning Auctioneers at 800-521-0111. Copies will also be available at the auction. 14. All properties will be sold free and clear of any unpaid real estate taxes or municipal liens assessed prior to foreclosure by the Town of Mansfield. However, the successful bidder is required, pursuant to M.G.L. c. 44, §63A, to make a payment in lieu of taxes from the date of the deed transferring title from the Town to the successful bidder to June 30, 2018 (the end of the Fiscal Year). In the event the closing does not take place at least thirty (30) days prior to the end of the fiscal year, the successful bidder shall make a payment the taxn lieu o ate for taxes for the current and next fiscal year. Such tax shall be computed by appy g such fiscal year to the sale price. 15. An annual "in lieu of tax" payment will be required of any tax-exempt entity purchasing property at this auction. The annual "in lieu of tax" payment will be calculated as follows: (Assessed Value Per Thousand) x (Tax Rate) x (Fifty Percent). The successful bidder/Grantee shall make the annual payment in lieu of tax payment commencing in the fiscal year of the closing and all subsequent fiscal years. 16. Upon payment (by certified check, bank check, money order or attorney's trustee check) of the payment in lieu of taxes, the balance of the bid amount, recording fees and the Buyer's Premium by the successful bidder, a duly authorized representative of the Town of Mansfield will deliver a Quitclaim Deed transferring title from the Town to the successful bidder. 17. The Town of Mansfield will record such deed at the Bristol County N.D. Registry of Deeds after the execution thereof and the successful bidder, pursuant to M.G.L. c. 60, §77A, shall pay the expense of such recording. 18. All conditions, restrictions or covenants announced at the auction for specific properties are to be taken and construed as running with the land and are to be binding upon s the grantee, t its successors, assignees, grantees and lessees for a term of thirty (30) years the deed creating them unless released by the Town of Mansfield. 19. The Tax Title Custodian reserves the right to sell to the second highest bidder in the event that the highest bidder defaults or to the third highest bidder in the event that the second highest bidder defaults. However, this reservation of rights should not be construed as requiring the Tax Title Custodian to sell to the second highest bidder or the third highest bidder in the event of such default. 20. All properties will be sold subject to a Buyer's Premium of 3.75%. 3 2h These Terms and Conditions are incorporated into the Memorandum of Sale of Real Property, a copy which is available online at www.JJManning.com or by contacting Jerome J. Manning & Co., Inc. d/b/a JJManning Auctioneers at 800-521-0111. Copies will also be available at the auction. The Tax Title Custodian, in her discretion, may announce additional terms and conditions, with respect to the entire auction and/or specific properties at auction, at the time of the sale, which are also incorporated into the Memorandum of Sale. TOWN OF MANSFIELD J;Vcquelflae Boudreau Tax Title Custodian BIDDER ACKNOWLEDGEMENT I have read, understand, agree and am able to fully comply with the terms and conditions of this auction as stated above. Bidder's Name: Bidder's Signature: Date: November 8, 2017