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2026 Annual Town Meeting, Town of Arlington, MA
Article: 21
Warrant Article Title:
BYLAW AMENDMENT / HOME EQUITY THEFT BAN
Warrant Article Text:
To see if the Town will vote to amend the Town Bylaws to prohibit
the sale of tax liens to private debt buyers in accordance with
Massachusetts State Law; or take any action related thereto.
Requested By:
Guillermo Hamlin and ten registered voters
Report Excerpt:
Vote and comment to Town Meeting - No Action (5-0).
The Board voted unanimously to recommend that no action be
taken on this warrant article that seeks to ban the Town of
Arlington from selling tax liens to private debt buyers.
Home Equity Theft, where a city or town sells a home following a
tax foreclosure and keeps any proceeds above and beyond the
amount due to the municipality, is already illegal, both in
Massachusetts and on the federal level. G.L. c. 60, §64A, enacted
in 2024, outlines how excess equity must be returned to a
property’s original owner if the property has been foreclosed. In
short, if a city or town forecloses on a home because of unpaid
property taxes and sells it, whatever remains of the equity after
the balance is paid off must be returned to the former
homeowner. Town Counsel noted that G.L. c. 60, §2C details the
right of all municipalities in the Commonwealth to assign or
transfer these debts and therefore, the petitioner’s proposed
bylaw amendment is preempted by state law.
