Either way, the outcome was a bit - harsh.
Posted on 11/08/2019 5:53:39 PM PST by Tired of Taxes
In Michigan, $8.50 can buy a decadent bar of fudge from Mackinac Island. A similar amount could also cost someone their house.
It was $8.41 to be exact — that was how much former Michigan resident Uri Rafaeli failed to pay on his property tax bill for a house he owned in Southfield, an economically modest town of 73,000 roughly 15 miles north of Detroit. That oversight led the local county treasurer to foreclose on the house in 2014, sell it and pocket the proceeds, according to court documents in a case before the state's supreme court this week.
"It seems pretty outrageous to take an entire home from someone for this," said Rafaeli's lawyer, Christina Martin, an attorney with the Pacific Legal Foundation, a legal nonprofit. "I'm optimistic that we're going to get a good decision from the justices."
Rafaeli bought the suburban Detroit house in 2011 for $60,000 and, after the purchase, he underpaid his property tax balance that year, court documents state. Two years later, he tried to pay back the 2011 balance including additional fees. However, he miscalculated the interest that had accrued and his payment was short $8.41.
The 83-year-old went on to pay taxes for 2012, 2013 and part of 2014, but the unpaid $8.41 led the Oakland County Treasurer's Office to foreclose on the house in February 2014 and auction it to a buyer for $24,500. Attorneys representing the county said in court documents that they had mailed pending foreclosure notices to Rafaeli well beforehand.
County blames homeowners for "any harshness"
Rafaeli's case isn't unique, his attorney said.
(Excerpt) Read more at msn.com ...
If you get notices, don’t ignore them. Hard to believe he didn’t know he owed $8.41 on his delinquent property tax notice.
Except that he’s in his 80s. Maybe he wasn’t even opening his mail for a decade.
Something is fishy or he’s totally ignorant
Either way, the outcome was a bit - harsh.
He only told us and his mom about it after it was a done deal. I'm not sure if he was too embarrassed or what. His mom and us told him we would pay the back taxes so he could keep it. “Oh - it's too late for that anyway. I'll just get a small apartment and rent.”
We implored him to talk to a lawyer, etc. But he didn't want to be bothered with it. I can't imagine walking away from his home that he owned.
But like they say - don't pay your property taxes and see who really owns your house.
Yet he went ahead and paid the full amount in 2012, 2013, and 2014.
I think this shows his intent to do the right thing. This sounds like malicious law practice on the part of the county.
It may be legal but definitely BS.
I suppose after this, everybody should visit the tax collector after paying taxes, and ask, on video and audio, “do I owe ANYTHING more”?
Maybe but Oakland County has provided proof he was notified on the amount needed to cure the arrear.
His lawyers have the burden of proof of showing the MI Supreme Court he never saw them.
They mailed him stuff. They didn't mention whether they mailed it to the correct address.
If the property tax authorities mail stuff to the wrong address it's YOUR problem, not theirs.
I had the property tax authorities do that to me once upon a time.
I often feel like I should do that.
FWIW
An earlier article said they were sending the notices to the wrong address.
The County says they mailed stuff. I see no reason not to believe them. There is many a slip between that and the addressee’s actually seeing what he was sent, and then (in his 80s) having any comprehension.
Probably thought it was an error since he had since paid for a couple of years beyond that.
If he can prove that, he can probably recover damages.
Property taxes = rent paid to the guv’mint.
Still... you should always work things out with the tax man. The government will foreclose on your home as a last resort.
I learned the hard way that you don't fold your property taxes and house insurance into your mortgage payment.
The local taxing authorities sent paperwork to an old address - well after the time I'd taken up residence in their small community.
I didn't notice that they'd put my homestead exemption into the circular file [because the property taxes were folded into the mortgage payment]. This cost me several thousand dollars over a few years, until I finally caught on to what was up.
I wouldn't trust their word that they sent notice to the correct address.
If they didn’t send it by certified mail it’s as good as not sent.
I have personal experience in this area. I don't believe they sent the notices to the correct address - ESPECIALLY if he lived somewhere else.
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