United States First Circuit

In an action presenting facial challenges under both state and federal law to two local Ordinances enacted by the defendant-city which impose new legal duties on property "owners" to maintain property during the foreclosure process and provide a $10,000 cash bond per foreclosure to the City, and on mortgagees to attempt a settlement through a new particular system of negotiations before foreclosing, the following questions are certified to the Massachusetts Supreme Judicial Court: 1) Are Springfield's municipal ordinances preempted, in part or in whole, by those state laws and regulations identified by the plaintiffs?; and 2) does the Foreclosure Ordinance impose an unlawful tax in violation of the Constitution of the Commonwealth of Massachusetts?

Appellate Information

• Decided 11/22/2013
• Published 11/22/2013

Judges

• LYNCH

Court

• United States First Circuit

Counsel