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