County assessor's decisions can be appealed
Q. I've been reading your advice regarding things you can do to reduce your real estate tax bill. I filed a request to reduce my tax assessment and it was denied. I saw on the notice that I could still appeal the county's decision but was confused as to how to proceed. Any help you could offer would be greatly appreciated.
A. You are correct in that you have the ability to appeal the decision of the county assessor. That appeal is made to the Property Tax Appeal Board (PTAB), a quasi-judicial body made up of five members and a professional staff that serves the board.
The board was created to provide an unbiased forum for taxpayers and taxing bodies that are dissatisfied with property assessments. It will only consider appeals after decisions by county Boards of Review.
The PTAB will only determine the correct assessment of the property on appeal. The amount of the tax bill or the tax rate used in the computation is determined by local county officials and may not be appealed to the board.
PTAB's website contains the information you will require to file an appeal. You must follow the directions carefully or your appeal will not be considered. Also note, the appeal must be filed within 30 days after the decision by the county.
Q. I did some remodeling work for a couple who now refuse to pay me. I recorded a mechanics lien on their property but that didn't seem to bother them. I have been involved in mechanics liens cases in the past and they always took forever and ended up being very expensive. Is there any other way to try and collect what I'm owed?
A. Yes. Presuming you believe you could collect on any judgment you obtain, file a simple breach of contract case in the county where the property is located. If the amount isn't too large, you could probably handle this yourself. The process should be fairly quick and shouldn't be too expensive, especially if you handle it yourself.
You do want to make sure, however, if you go through this process and come out with a judgment, that you have a reasonable chance that ultimately the judgment will be paid. That could occur in a number of ways. If one or both of the homeowners have jobs, you could garnish their wages. If there is equity in their residence, or any other real estate they own, you could record a judgment lien against the property.
A judgment lien does not ensure you will be paid immediately, or even in the near future. However, sooner or later, the homeowners will attempt to sell or refinance the property and when that occurs, you will receive a phone call attempting to negotiate a payoff of the lien. The negative in being required to wait is somewhat offset by the fact that you earn 9 percent annually on the judgment.
Contact an attorney to discuss your options.
Q. I purchased my first home (a condo) a short time ago. I now find out that the seller owed the association $260 for work they were required to do because of a water leak in the unit before I bought. I am now told I owe the money because I am the owner. Is this true and can I go after the seller for this? I should also tell you I didn't have an attorney helping me.
A. When a party sells either a condominium, townhouse or other property bound by an association, an integral document at the closing is a document called a "paid assessment letter." This is a statement by the association of the current account status of the property. A typical paid assessment letter will state that all association dues are paid through the month of closing and that no other amounts are due the association.
If you review the paid assessment letter you received, it most likely documents this $260 expense, which should have been paid by the seller out of his or her closing proceeds. Because you didn't demand this be paid and you didn't have an attorney to spot this, it slipped through, resulting in this now becoming your obligation.
I would suggest reviewing your paid assessment letter to determine if, in fact, this expense is indicated. If so, your only remedy is to contact the seller and plead your case. If this expense is not documented, I would contact the party responsible for issuing the paid assessment letter, whether it be the association board of directors or a management company, and demand that this expense be removed from your account.
• Send your questions to attorney Tom Resnick, 345 N. Quentin Road, Palatine, IL 60067, by email to tdr100@hotmail.com or call (847) 359-8983.