Tax Deeding. What Choices do we have?

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1 Tax Deeding What Choices do we have? Information for this presentation gathered from Town & City Magazine by NH LGC. Tax Deeded Property (Oct 2010) and Tax Deeded Property: After the Collector s Deed is Accepted (Dec 2010), used with permission

2 Real Estate Billing Process We follow the rules and regulations set forth and governed by the State of NH. In compliance with the NH State Laws, our billing year (RSA 76:2) starts on April 1, to March 31 of the following year. We send out Real Estate Bills semi-annually (RSA 76:15-a). Mailed shortly after May 15, and the bills are due upon receipt. You do however; have thirty days or by July 1, to pay before interest at twelve per cent (RSA 76:13) starts accruing. The first billing is considered a partial payment towards that year's tax bill. It is calculated on half of the previous years tax rate times the assessed value of your real estate. To avoid interest the first real estate bill must be paid by July 1, or thirty days after bills are mailed whichever comes later. Before our second and final real estate tax bill for the year is mailed, the Department Of Revenue Administration must set the tax rate for the year. This usually takes place in October. The real estate bills are then mailed out and are due upon receipt. You do however; have thirty days or by December 1, to pay before interest at twelve per cent (RSA 76:13) a year starts accruing. To avoid interest the final real estate bill must be paid by December 1, or thirty days after bills are mailed whichever comes later.

3 Delinquent Taxes Start accruing 12% interest (RSA 76:13) on the unpaid balance the day after the due date. For example, the first real estate bill is due July 1. If not paid, it will start accruing interest on July 2, until the day the first bill is paid in full. The final bill is due on December 1. If not paid, it will start accruing interest on December 2, until the day it is paid in full. If you receive a delinquent notice from the Tax Office, it means we have not received payment. Within ninety days of the due date of the final tax bill, the tax collector sends a notice including all unpaid taxes to the property owner. This is known as the notice of arrearage (RSA 76:11-b)

4 Tax Liens Process begins after the due date on the Notice of Arrearage Notice of Impending Lien, (RSA 80:60) is sent to the last known owner of the property via certified mail, return receipt requested. This notice includes principal, interest and costs up to the date of the lien. The cost of the certified mailing is also added to the delinquent account. Lien is placed on property if not paid (all principal, interest and costs are combined to form the principal amount of the lien and the cost of the execution of the lien (RSA 80:81) is added to the total amount due). Interest jumps to 18% interest (RSA 80:69) on the unpaid balance until the lien is paid in full. The lien is recorded at the Registry of Deeds and a title search is done. A Certified letter is sent to each lien holder notifying him or her of the lien. An administrative cost (RSA 80:67) of $10.00 as well as any additional expenses incurred as a result of the title search are added to the cost of notifying mortgagees. Taxpayers should also be aware that if the City places a lien on their property, it becomes part of their credit report and remains there for seven years after the lien is discharged. When full payment of a Lien is made, the Release Of Lien will automatically be sent within thirty days to the Sullivan County Register Of Deeds For Example: If the Lien is paid in full on March 14th, the Lien Release will be sent to the Sullivan County Register Of Deeds by April 21st, located at 14 Main Street, Newport NH (603)

5 Tax Deeding In statute: RSA Chapter 80 Claremont uses the optional tax lien procedure set forth in RSA 80:58-:91 when we lien property. Those who have filed for protection under the federal Bankruptcy Code follow a different process.

6 Tax Deeding The Notice & Tax Lien process is followed each year property taxes are delinquent. Two years after the execution of a tax lien, if taxes remain unpaid, the Tax Collector begins the process (RSA 80:76) by which the property may be deeded to the City of Claremont. At least 30 days prior to the deeding, a title search is completed and a notice of impending deed (RSA 80:77) is sent to the current owner and all mortgagees (RSA 80:77-a) recorded at the Registry of Deeds for Sullivan County. Pursuant to RSA 80:76, the governing body must determine whether or not to accept the deed offered by the collector. The tax collector has a statutory duty to offer the deed, but the governing body may refuse to accept the deed under certain circumstances.

7 What is the Governing Body s Role? If the collector s deed is refused, the tax lien remains in place indefinitely, retains its super priority over all other liens and interest, costs and penalties continue to accrue. The landowner continues to have the right to redeem the property after paying all of the sums due. If the reason for not accepting the deed is later resolved, the governing body may instruct the collector to issue the deed after notice is provided to the property owner and mortgage holders.

8 What happens if we accept it? If the collector s deed is accepted by the governing body at the end of the process, title to the land passes to the municipality. At this point, it becomes public property, and the landowner has limited legal right to require the municipality to convey it back. Pursuant to RSA 80:89, if the former owners pay all of the back taxes and penalties within three years of the date the tax deed is recorded, they may recover ownership subject to all of the encumbrances that were there at the time the property was taken. However, the municipality can offer the property for sale within that three years once it gives 90 days notice to the former owner describing the terms of the offering and the right of the former owner to repurchase the property.

9 What happens if we accept it? Once the property is deeded, the owner, as well as anyone holding a mortgage, lose all interest in the property. To reclaim that interest (RSA 80:89) the owner or any mortgagee must notify the City of Claremont within three years after the deeding, pay all back taxes(including those which would have accrued had you continued to own the property), all costs assumed by the City of Claremont and a penalty of 15% of the equalized assessed value within 15 days of your notice of intent to repurchase. Should the City of Claremont decide to sell the property within the 3 years after the deeding, the City must notify the owner via certified mail and allow 30 days for the owner to decide whether or not you wish to repurchase the property. (RSA80:89)

10 Why would we NOT accept it? Pursuant to RSA 80:76, II, the municipality does not have to accept a contaminated property. The municipality is authorized to enter the property to assess its condition. (RSA 80:19-a)

11 Are there other options for NOT accepting it? The law also allows refusal when, in the judgment of the governing body, ownership of the real estate would involve undesirable obligations or liability risks. These include, but are not limited to, a duty to comply with restrictive covenants imposed on the property, or obligations to tenants, or for any other reason {that} would be contrary to the public interest but it can t be for the benefit of the owner.

12 Are there examples of other reasons? An owner of an old mobile home where the land under the home is owned by someone else (either a single landowner or a mobile home park). Sometimes the home itself has hazardous materials present, such as asbestos or toxic mold.

13 Are there examples of other reasons? An undeveloped parcel of land has been clear cut of its trees, and the land now has minimal value for development or conservation where the only access to the land is over a Class VI road which is now barely passable, other than to all-terrain vehicles which have created serious ruts and drainage problems. Significant effort from an owner would be required to correct these problems and develop a workable plan for reforestation.

14 Are there examples of other reasons? The taxes on the parcel are unpaid because the owner has died, and there is no family or other interested person willing to come forward and administer the estate because the owner did not create a will or other estate plan. The municipality could proceed with a filing in the probate court as a creditor, but often the property is also run down and could not easily be made productive again. These are often sold as is as seen.

15 Are there examples of other reasons? The property consists of a building in poor condition, with several small rental units. Each unit has a tenant, but the residents are usually only there for a short time because they refuse to pay their rent. There are building code problems which call the basic safety of the units into question, but enforcement is impractical because the existing conditions may be grandfathered, and the owner is financially unable to make improvements. Upon investigation there is concern about toxic mold, lead paint and asbestos in the old heating system, some of which is hidden behind existing walls and ceilings. The tenants are unwilling or unable to move to other locations without assistance from the town s general welfare program.

16 Are there examples of other reasons? The property consists of a single unit in a condominium, which may have been subjected to ongoing monthly fees by the condominium unit owners association, or a high special assessment from the association to conduct a repair within the condominium.

17 Is that good? Well, it allows us to lease or encumber all or any portion of the property, without any accountability to former owners, except that the proceeds of any sale must be accounted for as provided in RSA 80:88. But it also means we have a duty to manage and protect the property. So we ll need property & liability insurance at a minimum.

18 Is that good? And, if the property is improved and persons reside there, the situation becomes more complex. The residents now become tenants of the municipality and they have all the rights granted to tenants by NH Law. This means if you want to be a landlord you should have a written tenancy agreement drafted and executed by all parties. If the decision is that the city is not wanting to be in the rental business, they are entitled to a process that is in strict compliance with the landlord-tenant statutes found in RSA 540 and the housing standards found in RSA 48-A.

19 Is that good? And, there s more. The property may require significant repairs or upgrades to be made reasonably safe and sanitary. Even if the current needs for repairs are small, the duty of maintenance is ongoing and involves the interior and exterior of the buildings, heating system, water and sewer (or septic) and grounds. Property management is a significant and ongoing task that comes with all property ownership.

20 We don t want to be a landlord Are there other options? Yes, the property can be offered for sale. The governing body has wide discretion to specify the terms of the sale, to re-impose its tax lien and even take a mortgage on the property to secure repayment of the sums due. The standard used to guide this discretion is as justice may require. Thus, on a case-by-case basis, the governing body can utilize different approaches they determine are required to resolve the problem and make the property productive again.

21 Any continuing obligations to the former owners? If the municipality deeds the property it can hold onto the property or offer the property for sale. If it s going to hold onto the property the former owner can repurchase it for up to three years from the date of recording of the tax deed. However, the municipality can offer the property for sale within that three years once it gives 90 days notice to the former owner describing the terms of the offering and the right of the former owner to repurchase the property. Within 30 days of that notice the former owner can come forward and pay all back taxes, interests, costs and the penalty imposed by RSA 80:90 The penalty is 15% of the assessed value as of the date of the tax deed which would be costly for the former owner ($15,000 for each $100,000 of assessed valuation of the property).

22 Continuing obligations to the former owners (continued) If the former owner is unable or unwilling to redeem the property following this notice, the property may be sold (sealed bid process) upon such terms as the governing body determines using the standard provided in RSA 80:80. If the proceeds realized are greater than the amount needed to pay the back taxes, interest, costs and penalty, any additional funds must be paid to the former owners. If there are liens or other encumbrances the funds must be deposited with the Superior Court using a device called a bill of interpleader which permits the court to determine how these proceeds will be distributed to various claimants.

23 In Summary the Governing Body can: Accept the collector s deed, or Not accept the collector s deed because either: 1. It would subject the municipality to undesirable obligations or liability risks. RSA 80:76 II or, 2. Ownership of the real estate would involve undesirable obligations or liability risks or for any other reason [that] would be contrary to the public interest. RSA 80:76 II-a

24 What happens if we don t accept the tax deed? The property is usually 3 years behind in payments before it gets to this point PLUS they usually have two additional years they haven t paid. Even though it s now at 18% interest, 18% of no payment is still no payment. Each year we set the tax rate based on the budget passed. Because the property tax is the major method of revenue for the city, if you get three years behind in your payments the City still had that debt to pay for and now may had to borrow to fund the lack of tax receipts due to unpaid property taxes. That unpaid debt is considered an uncollectible against your fund balance. The more you accumulate in unpaid property tax payments means that everyone else in the community is subsidizing those property owners because you are now borrowing money because they haven t paid. That is why some communities (like Berlin) tax deed them and begin the tax sale proceedings within the 90 days (they feel that people have three years from the time of the bill to make payments etc.)

25 For Next Month s Meeting Staff will bring forward those properties that are scheduled for tax deeding along with recommendations on those with known environmental or other potential liabilities for Council to act upon.