Important Changes  Notice regarding implementation of tiered citation procedures in tax lien foreclosure cases

Date:	08/19/2024
Organization:	Land Court
Referenced Sources:	Land Court forms

To: All Tax Lien Practitioners and Stakeholders
From: Deborah J. Patterson, Recorder of the Land Court

Overview

Today, the Land Court Recorder’s Office announces it is implementing a tiered approach to the citation phase of tax lien foreclosure cases beginning September 3, 2024. In connection with this tiered approach, the court has created a new mandatory form for use in tax lien foreclosure cases: Tax Lien Plaintiff Certifications form available at Land Court forms. 

Until now, the Land Court’s practice has been to issue notice by citation only after plaintiffs provided complete identity and contact information about all interested parties to the court. Consequently, cases with complex or outdated titles often experienced delays while our attorney title examiners worked with plaintiffs to identify and reach all necessary parties. To improve this process, the court is implementing a tiered approach to citation, which will proceed in distinct phases. In the first phase, the court will promptly notify parties listed in the complaint with available contact information. In the second phase, plaintiffs must complete the new mandatory form providing essential details for our title examiners to review the case and finalize the citation process.

In implementing this tiered approach to citation, the court aims to:

• facilitate earlier resolution of cases by notifying readily identifiable defendants of the lawsuit sooner;
• expedite case processing by focusing court resources on cases that are fully prepared for review, have complex title issues, and are not in active settlement discussions; and
• allow plaintiffs more control over the pace of case progress.

The new procedures, explained in more detail below, will apply to all new Tax Lien (TL) cases filed and to any pending TL cases where citation has not concluded.

These new procedures will replace and supersede the requirement to submit a “Pre-Filing Checklist” at the time of filing the complaint or prior to the citation phase. See Memo of the Recorder re: Pre-Filing Checklist for Plaintiffs’ Counsel in New Tax Lien Cases (April 26, 2021).

First-Tier Citation Phase

The Court will initiate first-tier citation after receiving the title examination report.

The first-tier citation phase begins as soon as the title examination report is filed. In this first-tier phase, court staff will use the information provided in the complaint to issue citation to property owners and other interested parties for whom plaintiff has provided the address information. Plaintiff will receive notice from the court when first-tier citations have issued, including instructions for moving the case to the second-tier phase (“Notice of First-Tier Citation Complete”).

Please note: To reduce delays resulting from resolving title discrepancies, court staff will rely solely on the address information provided in the complaint during this initial stage and will not consult the title examination report. For this reason, plaintiffs must provide the most accurate names and addresses in the complaint itself so interested parties may be reached early in the case.

Second-Tier Citation Phase

Plaintiff must eFile the completed Tax Lien Plaintiff Certifications form with supporting information to initiate second-tier citation.

To move the case to the second-tier citation phase, plaintiffs must complete and eFile the Tax Lien Plaintiff Certifications form along with all supporting information. This form requires plaintiff to provide and certify several key points of information necessary for the court’s attorney title examiners to review the case and to ensure that all owners and interested parties are identified and notified. If any information required to be certified on the form requires clarification or supplementation, plaintiff must attach documentation or provide a clear explanation to the court.

Please note: The court will not proceed with further citation on the case until plaintiff eFiles the completed form and all supporting materials. Filing amended complaints, requesting citation by deputy sheriff, or taking other actions before submitting this form will not advance the case to the second-tier citation phase. Other submissions will be held and consolidated for review with the completed Tax Lien Plaintiff Certifications form.

Important: Plaintiffs should only submit the completed Tax Lien Plaintiff Certifications form to the court when the case is ready to be advanced and the parties are not actively engaged in negotiations. This allows plaintiffs control over case timing and expenses, especially for matters that can be resolved without court intervention or those involving straightforward titles.

Importantly, parties retain the flexibility to settle the case at any point by eFiling a Notice of Payment Agreement or withdrawing the case altogether. This can be done without submitting the new form or progressing to the second-tier citation phase.

After plaintiff eFiles the Tax Lien Plaintiff Certifications form with all supporting information, the court’s attorney title examiners will review the case. This review determines, in part, if any additional information is needed to complete the citation phase.

• If further information is necessary, the court will send plaintiff a checklist outlining the information needed to proceed.
  • Where appropriate after due diligence, plaintiff may seek supplemental citation by special citation, citation by deputy sheriff, and/or citation by publication.
  • After review, the court will send any additional citations to parties entitled to notice.
• Once no additional information is necessary and all parties have received notice, the court will make a docket entry of “checklist completed,” signifying the conclusion of the citation phase. Plaintiff may then proceed with further stages of the case according to established procedures in the tax session.

The court looks forward to implementing this tiered citation approach on its tax lien foreclosure cases. With the cooperation of the bar, we believe early notification and case resolution will increase. This will allow the court to dedicate its resources to the fewer cases requiring legal review and additional citation methods. If done thoughtfully, we anticipate more expeditious completion of tax lien foreclosure cases.

The court has posted additional information and guidance on its website, under “Tiered Citation Guidance for Plaintiffs” within the Tax Lien Foreclosure Cases Resources webpage.

Any additional questions regarding this tiered citation process or the new Tax Lien Plaintiff Certifications form may be directed to Tax Lien Session Clerk Beema Pradhan at 617-788-7487.