Posts tagged "1104815"

Goduti v. City of Worcester (Lawyers Weekly No. 11-048-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   14-P-597                                        Appeals Court   PHILIP L. GODUTI, trustee,[1]  vs.  CITY OF WORCESTER. No. 14-P-597. Suffolk.     January 12, 2015. – May 13, 2015.   Present:  Fecteau, Wolohojian, & Massing, JJ.   Moot Question.  Practice, Civil, Moot case, Summary judgment.  Real Property, Foreclosure of tax title, Record title.  Mortgage, Foreclosure.  Municipal Corporations, Tax title property.  Taxation, Real estate tax:  tax taking.       Civil action commenced in the Land Court Department on September 29, 2011.   The case was heard by Keith C. Long, J., on motions for summary judgment.     Michael J. Markoff for the plaintiff. Karen A. Meyer, Assistant City Solicitor, for the defendant.      FECTEAU, J.  Philip L. Goduti appeals from the allowance of summary judgment against him by a judge of the Land Court in his declaratory judgment action regarding the legality of the city of Worcester’s (city) tax assessment for the years 2006 through 2011 on a property located at 2 Gambier Avenue, Worcester (property).  He first contends that the city was not authorized, under G. L. c. 59, § 11, to assess taxes to his mortgagor, who failed to pay the taxes, but was required, instead, to assess taxes during those years only to him, the purported record owner of the property following his foreclosure by entry pursuant to G. L. c. 244, § 1.  Second, Goduti argues that the judge incorrectly determined, especially at the summary judgment stage, that he had waived his foreclosure.  While we need not reach his arguments because this case has become moot, we reject his contentions nevertheless. 1.  Background.  The property in question was first acquired by Sandra and James Dunn, husband and wife, in 1973.  In 1989, Goduti became a mortgagee of the property behind two others.[2]  While remaining current on the first two mortgages, the Dunns fell behind on their mortgage payments to Goduti.  Utilizing the foreclosure by entry procedure of G. L. c. 244, § 1, Goduti recorded a certificate of entry in the registry of deeds on October 9, 1996, thereby signaling his intent to foreclose.  During the three‑year period after Goduti filed his certificate of entry, after which foreclosure would be completed and his title would ripen, he accepted regular payments from the Dunns; Goduti disputes that those payments were applied to the mortgage, claiming that they were for use or occupation of the property.  When the Dunns divorced in 2004, the […]

Read more...

Posted by Massachusetts Legal Resources - May 13, 2015 at 5:31 pm

Categories: News   Tags: , , , , ,