BROCKTON RECEIVERSHIP TRAINING
SEMINAR
Key PlayersLocal Key Players Include:
Brockton Fire DepartmentBrockton Police Department
City Solicitor’s OfficeBoard of Health
Building Department
City of Brockton Partners Include: Attorney General’s Office
Massachusetts Housing PartnershipThe Resources Inc. (TRI)
Target Neighborhood – Goddard Highland/Newbury Street
Target Neighborhood – Campello
CURRENT POTENTIAL RECEIVERSHIP PROPERTIES
18 HILLBERG AVENUE21 ELLSWORTH STREET18 HIGHLAND STREET32 CHESTER AVENUE
What can be done through Brockton’s Receivership
Program? Receivership is one of many
strategies that have been used successfully by a number of
communities in Massachusetts as part of an approach dealing with distressed vacant and abandoned
properties. Receivers are responsible for rehabilitating and stabilizing a property that has been seriously
neglected by the owner.
Properties that are good Candidates for Receivership
* CODE VIOLATIONS
* VACANT / ABANDONED PROPERTIES THAT POSE A THREAT TO THE HEALTH AND SAFETY OF RESIDENTS
* STRUCTURALLY SOUND PROPERTIES THAT REHABILITATION DOES NOT EXCEED 50% OF THE VALUE OF THE PROPERTY.
The Board of Health, Building Department and Code Enforcement should be working with the Law Department and/or Attorney General’s office to guide them in the
appropriateness of seeking the appointment of a Receiver as early as possible in the process.
The Petition will include the following:
Description of the Property
All parties to the petition
City’s Jurisdiction regarding enforcement of
Sanitary CodeThe Facts of the Case
relating to violations and attempts to secure the
cooperation of the owner(s)
The request for the appointment of the
Receiver
FILING FOR PETITION
Once the Court approves the receivership, the court will oversee and subsequent dealings the municipality has with the receiver.
Receiver presents a preliminary budget and time table to the court, the court approves or disapproves the budget.
As the receivership process continues, the court will approve any deviation from the original plan and approve increases in the budget.
THE PROCESSTHE PROCESS IS TRIGGERED BY ANY CITIZEN/RESIDENT, FOR PROFIT OR NON-PROFIT
ORGANIZATION.
However, it is necessary that the Board of Health, which
has jurisdiction over the State Sanitary Code, receives the complaints of Sanitary Code
Violations
INSPECTOR COMPLETES INSPECTION OF THE
PROPERTYInspector writes up the inspection report as described
in the State Sanitary Code
Notice to the OwnerOnce property is inspected, the municipality notifies the
owner and attempts to get the owner to complete the
required repairs to bring the property into compliance
In the absence of an adequate and timely response by the owner, the municipality will
determine whether the property is a viable candidate for receivership if conditions
are as noted:
UNRESPONSIVE OWNERS
The owners of record have been unresponsive to requests for repairs
EMERGENCY REPAIRS
Emergency repairs that endanger a tenant’s
occupancy have been ignored; such as lack of
heat or hot water
Court ordered auction/sale to satisfy receiver’s lien
AUCTION
SALE
FORECLOSURE
RECEIVERSHIP LIENS
STATEMENT OF ACCOUNTS
Termination or Receivership by Resignation with no replacement
Receiver has resigned by submitting notice to the
court
Receiver or Assignee (Lender) may foreclose on
lien
Foreclosure of lien by receiver or lender outside of receivership
Anyone may bid at Auction
Final accounting must be approved by Judge after auction
before proceeds can be distributed
Final accounting must be approved by Judge after auction
before proceeds can be distributed
Interest, auction costs, and other foreclosure expenses may be included in sales proceeds
IF YOU ARE INTERESTED IN BECOMING A
RECEIVER?
PLEASE FILL OUT THE POTENTIAL RECEIVER
QUESTIONAIRE FORM AND SUBMIT AT THE CLOSE OF
THE RECEIVERSHIP SEMINAR
Questions