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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7414
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I own a real estate business in Massachusetts I have been interested

Customer Question

I own a real estate business in Massachusetts I have been interested in getting into paying off back taxes for pre-foreclosures then going to land court against the bank to gain the title. However I have noticed there are not many real estate attorneys that go to Land court I'm curious if this process is difficult? Mass law from my understanding taxes supersede the mortgage. My question is is this a safe and relatively easy investment Or is it all too good to be true? Also how long does a land court trial typically.... granted it can change drastically per case.
Thank you !
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Irwin Law replied 2 years ago.
In most states that I am aware of, there is a formal tax sale held of properties where taxes have not been paid for anywhere from 1 to 5 years. Again, in most states a purchase at tax sale will cut off and be superior to an existing mortgage loan. So if done correctly, the tax sale purchaser can acquire clear title. The key words here are "if done correctly". In order to determine that tax sale has been done according to statute and the tax sale purchaser is entitled to receive title to the property In most instances the tax sale purchaser will file a quiet title lawsuit against all of the owners, and mortgage holders. I am not in Massachusetts and I know nothing about your land court, or what jurisdiction it has in cases involving title to real estate; however, I'm certain that at least one of your County circuit or Superior Court's would have such jurisdiction . You asked if this is "a Safe and relatively easy investment". It is not. It involves knowing the details of your tax sale laws, title issues, market evaluation. In most cases you are buying a pig in a poke. There are many tax sale buyers who are investors simply for the interest they can get on their money when the property owner or the mortgage company redeems the property. That is when the tax sale laws of your state provides for a post sale redemption period. The best place to start learning is to follow the next tax sale in your County and start observing what takes place. I hope this information is helpful and that you will assign it a positive rating.
Expert:  Irwin Law replied 2 years ago.
HELLO AGAIN. I hope that my Answer has been helpful. If you need more information, please send me a Reply. If not, I hope that you will enter a positive rating for my Answer so that I can receive credit for assisting you. Thanks again for using JUST ANSWER.