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San Francisco: Wealthy Residents Sue City, Buyers After Their Tax-Delinquent Street Sold
Legal Insurrection ^ | 8-8-2017 | Fuzzy Slippers

Posted on 08/08/2017 1:09:49 PM PDT by servo1969


Exclusive, gated street on which Pelosi and Feinstein once lived.

The wealthy residents of San Francisco's exclusive, gated Presidio Terrace haven't paid a $14/year tax bill for three decades. This led the city to auction off the tony street that boasts among its former residents House minority leader Nancy Pelosi (D-CA) and Senator Diane Feinstein (D-CA). The auction was an attempt to recoup its delinquent tax losses valued at less than a thousands dollars (including penalties, interest, etc.).

Officials hit the jackpot when a young couple purchased the street at auction two years ago for $90,100. The new owners are reportedly toying with the idea of charging residents and even outsiders (gasp!) to pay to park on their shiny new street.

Now the current residents of the street are outraged and have filed formal complaints and even a lawsuit in an attempt to rescind the sale.

The San Francisco Chronicle reports:

Thanks to a little-noticed auction sale, a South Bay couple are the proud owners of one of the most exclusive streets in San Francisco -- and they're looking for ways to make their purchase pay.

Tina Lam and Michael Cheng snatched up Presidio Terrace -- the block-long, private oval street lined by 35 megamillion-dollar mansions -- for $90,000 and change in a city-run auction stemming from an unpaid tax bill. They outlasted several other bidders.

Now they're looking to cash in -- maybe by charging the residents of those mansions to park on their own private street.

Those residents value their privacy -- and their exclusivity. Past homeowners have included Sen. Dianne Feinstein and her financier husband, Richard Blum; House Democratic leader Nancy Pelosi; and the late Mayor Joseph Alioto. A guard is stationed round the clock at the stone-gate entrance to the street to keep the curious away.

So imagine the residents' surprise when San Jose residents Cheng and Lam wound up with the street, its sidewalks and every other bit of "common ground" in the private development that has been managed by the homeowners since at least 1905. That includes a string of well-coiffed garden islands, palm trees and other greenery that enhance the gated and guarded community at the end of Washington Street, just off Arguello Boulevard and down the hill from the Presidio.

"We just got lucky,"said Cheng, a real estate investor.

. . . . The couple's purchase appears to be the culmination of a comedy of errors involving a $14-a-year property tax bill that the homeowners association failed to pay for three decades. It's something that the owners of all 181 private streets in San Francisco are obliged to do.

Two years ago, the city's tax office put the property up for sale in an online auction, seeking to recover $994 in unpaid back taxes, penalties and interest. Cheng and Lam, trawling for real estate opportunities in the city, pounced on the offer -- snatching up the parcel with a $90,100 bid, sight unseen.

The homeowners apparently only found out about the sale earlier this year, and they are moving to retake their street.

The San Francisco Chronicle continues:

The homeowners, however, are crying foul and want the Board of Supervisors to negate the sale.

. . . . They didn't learn that their street and sidewalks had been sold until they were contacted May 30 by a title search company working on behalf of Cheng and Lam, said Emblidge. The title search outfit wanted to know if the residents had any interest in buying back the property from the couple, the lawyer said.

"I was shocked to learn this could happen, and am deeply troubled that anyone would choose to take advantage of the situation and buy our street and sidewalks," said one homeowner, who asked not to be named because of pending litigation.

Last month, the homeowners petitioned the Board of Supervisors for a hearing to rescind the tax sale. The board has scheduled a hearing for October.

In addition, the homeowners association has sued the couple and the city, seeking to block Cheng and Lam from selling the street to anyone while the city appeal is pending -- a move residents fear could complicate their efforts to reclaim the land.

The residents say the city had an obligation to post a notice in Presidio Terrace notifying neighbors of the pending auction back in 2015 -- something that "would have been simple and inexpensive for the city to accomplish."

Treasurer-Tax Collector Jose Cisneros' office says the city did what the law requires.

"Ninety-nine percent of property owners in San Francisco know what they need to do, and they pay their taxes on time -- and they keep their mailing address up to date," said spokeswoman Amanda Fried.

"There is nothing that our office can do" about the sale now, she added.

Fried said that as far as she knows, the Board of Supervisors "has never done a hearing of rescission" -- and that because it's been more than two years since Cheng and Lam bought the property, it could be tough to overturn the sale now.

Curbed San Fransisco has more details on the suit filed.

In the complaint, homeowners note that the association has owned and maintained the O-shaped avenue since 1905. So why'd they drop the ball paying the tax man? According to the suit:

"The Association has not paid those taxes because the City has been sending the property tax bills to the Association at the following address: 47 Kearny Street. [...] Which is not the address of the association or any member.

"After research, the Association is informed and believes that this address was associated with an accountant who last performed work for the Association in the 1980s. [...No] member of the Association was aware that property taxes has not been paid."

Neighbors hope the court will rescind the 2015 sale and return ownership to them. Meanwhile, a spokesperson for the city's Treasurer-Tax Collector told the Chronicle's Matier and Ross that the office did everything required under the law and that everyone else in the city manages to keep their property taxes straight.

Curbed San Francisco continues, reporting on the couple's stated plans for the street:

In the meantime, the street's new owners are considering instituting a parking fee in the neighborhood. But if neighborhood residents aren't keen on paying a parking fee, that's no problem for the street's new owners.

Matier and Ross note: "[I]f the Presidio Terrace residents aren't interested in paying for parking privileges, perhaps some of their neighbors outside the gates--in a city where parking is at a premium--would be."



TOPICS: Business/Economy; Government; News/Current Events; US: California
KEYWORDS: feinstein; pelosi; presidio; terrace
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To: Romulus

“The sellers will still come out $millions to the good, and the homeowners will have no more tax bills. Everybody wins.”

Not so, the problem here is that instead of the street being apportioned to each adjoining property so that each resident pays his share of the city and county of SF’s property taxes, evidently the street was a separate taxable property. It does blow me away that the property taxes were only $14 per year. Looks like they have had a “special deal” on taxes for many, many years. Here in our neighborhood in the East Bay we live on a private road (seven homes) and each of us pays property taxes on the roadway which is simply an easement on each lot. On our acre and a half lot with a good-size home, property taxes are around $20,000 per year.


41 posted on 08/08/2017 2:10:34 PM PDT by vette6387
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To: servo1969
So should the owner of a parking lot in the same general area, with the same amount of paved acreage, also pay $14 in property tax?

That seems an absurdly low amount, less than $1/year per homeowner. Can you get that kind of deal anywhere else in the city?

If I paid taxes there I would be livid...

42 posted on 08/08/2017 2:11:57 PM PDT by ZOOKER (Until further notice the /s is implied...)
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To: Glenmore

You’re right, it’s called a “constructive easement!” I worked for a company in Palo Alto, CA where people routinely drove through our parking lot as a shortcut. The company finally posted security personnel several days a month and turned people around. It was an attempt to regain control over the constructive easement that they had tacitly allowed to be created.


43 posted on 08/08/2017 2:15:02 PM PDT by vette6387
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To: Paladin2
#11: "They could have an RV Park there."

Cousin Eddie.


44 posted on 08/08/2017 2:15:23 PM PDT by Governor Dinwiddie
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To: vette6387

Your taxes are way too high. The truth is you never really own a home if your paying property taxes.


45 posted on 08/08/2017 2:16:13 PM PDT by Captain Peter Blood
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To: Alberta's Child

An earlier article stated that the CPA who had originally handled paying this tax bill had not been used since the 1980’s, so my guess is that he’s “no longer around!”


46 posted on 08/08/2017 2:16:37 PM PDT by vette6387
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To: servo1969

This is the Perfect oppurtunity to make the First Climate Change Compatible community, NO VEHICULAR TRAFFIC OF ANY KIND, Walking and Bicycles ONLY.

To save the erf.


47 posted on 08/08/2017 2:18:50 PM PDT by eyeamok (Idle hands are the Devil's workshop)
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To: Reno89519

Or set up a toll booth.


48 posted on 08/08/2017 2:19:39 PM PDT by dhs12345
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To: Keyhopper

I would guess the $14 bill would be the same if the sale holds.

Looking at the story it looks like the Homeowners Association did not pay the bill. Usually they issue a dire warning before they auction off the property, but maybe that did not happen.

Although these are San Francisco fat cats, I do not rejoice.
This is a system screw up.


49 posted on 08/08/2017 2:20:32 PM PDT by Anti-Bubba182
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To: servo1969

What happened to them is ridiculous...but I cant feel much sympathy after watching how elite californian urban snobs favor enviormemtal policies that devastate farmers.


50 posted on 08/08/2017 2:22:40 PM PDT by AndyTheBear
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To: servo1969

ROTFLMAO

I believe the owners have the responsibility to maintain mailing address with the county assessor for the express purpose of giving the assessor a way to send bills.

The assessor should have posted d notice on the street at the time of the action.

When I run property reports, there is always a mailing address for the owners which may or may not be the same as the address for the property.

Lastly they had an accounting firm and must have switched. the new firm had the responsibility to pay the tax bills, but ultimately the owners are responsible for what they hire the accountants to do.


51 posted on 08/08/2017 2:23:12 PM PDT by morphing libertarian
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To: ZOOKER

35 mansion pay 40 cent a year each.
What a country!


52 posted on 08/08/2017 2:34:01 PM PDT by Keyhopper (Indians had bad immigration laws)
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To: Anti-Bubba182
I have a sneaking suspicion that when the dust finally settles their tax bill is gonna go up a wee bit. Considering the weaselled out of paying their fair share for so long, they deserve all the headaches coming their way Karma is a fickle b!π¢π
53 posted on 08/08/2017 2:39:13 PM PDT by Keyhopper (Indians had bad immigration laws)
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To: Buckeye McFrog

yup - this is so priceless I love it


54 posted on 08/08/2017 2:42:08 PM PDT by vooch (America First Drain the Swamp)
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To: Alberta's Child
That won't work. It's the taxpayer's responsibility to make certain his address as shown by the taxing authority's records is current. That was settled long, long ago, of course, since counties and cities that collect ad valorem tax do not have the time or resources to track down every address change for every taxpayer who fails to notify the taxing authority of a change in address.

Frankly, the slobs running this HOA sound like a pack of feckless, stupid boobs. Somehow, they managed to lose, through tax foreclosure, the one asset they were charged with managing, that is, the private street and the limited common elements of this subdivision. And all this arose over neglecting to pay ad valorem taxes totaling $14.00/year, for thirty years or so. If I was one of the HOA board members, I'd be looking for the nearest loaded firearm with which to blow my own useless head off. If they used their brains for target practice, that would apparently be the highest and best use to which their minds had ever been dedicated.
55 posted on 08/08/2017 2:42:37 PM PDT by Milton Miteybad (I am Jim Thompson. {Really.})
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To: servo1969
Secrets, ha! Here is a link to the San Francisco property records search site. Type Presidio Terrace into the search box. All the properties are listed to the right, withe records of all the previous transactions and ownership transfers. The last sale price and valuations are there too. Have some fun seeing who the whiners are.
56 posted on 08/08/2017 2:51:00 PM PDT by Sgt_Schultze (When your business model depends on slave labor, you're always going to need more slaves.)
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To: Keyhopper

That I could see.


57 posted on 08/08/2017 2:51:57 PM PDT by Anti-Bubba182
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To: Alberta's Child

The street is gated, and it has been gated for 40 years. When DiFi lived there, they had a cop at the gate. Now, they have a security guard there. You and I (serfs) can’t enter because, as I was told by the guard, “It’s private property.”

Well now, ain’t that ironic? I couldn’t walk though because it’s “private property”, but somehow - AMAZINGLY - those great Dhimmicratic geniuses couldn’t figure out that they need to pay property tax on...PRIVATE PROPERTY.

BWA-HAHAHA!!! Auction the property off to the highest bidder, and let the residents eat cake!

PS: Bet the property tax is higher next year! BWA-HAHAHA!!


58 posted on 08/08/2017 3:38:42 PM PDT by Darteaus94025 (Can't have a Liberal without a Lie)
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To: servo1969

The residents probably have several implied easements.


59 posted on 08/08/2017 3:51:00 PM PDT by Mike Darancette (Congressional Bi-partisanship: Agreeing to the make up of the Trump firing squad.)
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To: IllumiNaughtyByNature

Well, the homeowners should be able to rent a judge if they don’t want to buy one.


60 posted on 08/08/2017 4:18:10 PM PDT by PAR35
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