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Kerry loan twice as nice
Boston Herald | Wednesday, February 25, 2004 | By Ellen J. Silberman and Jack Meyers

Posted on 02/25/2004 5:00:23 AM PST by ninonitti

U.S. Sen. John F. Kerry [related, bio] used an appraisal pegging the value of his Beacon Hill townhouse at twice the amount listed on City Hall records in order to get the $6.4 million loan he needed to resuscitate his presidential bid.

The Kerry campaign says the elegant Louisburg Square townhouse that Kerry shares with is millionaire wife, Teresa Heinz Kerry is worth $12.8 million - exactly double the Christmas Eve mortgage the senator got from Mellon Bank.

But Boston's Assessing Department puts the value of the swank, five-story mansion - with six fireplaces, five bedrooms, a private elevator and roofdeck - at $6.6 million as of Jan. 1, 2003. The assessed value actually dropped from 2002's figure of $6.95 million.

The home's true value is significant since federal election laws allow Kerry to finance his presidential bid by borrowing only against his own assets - prohibiting him from tapping into his wife's millions.

``It could be a very, very big excessive contribution by his wife if, in fact, he's using more than half the real value of the house,'' said Don Simon, a Washington-based campaign finance lawyer who is unaffiliated with any presidential campaign. Kerry Heinz is limited to donating $2,000 to her husband's campaign.

The conflicting valuations also raise questions about the propriety of the loan - taken from Mellon Bank of New England, a subsidiary of Pittsburgh-based Mellon Bank, N.A.Kerry Heinz, heiress to the Heinz ketchup fortune, has a long history with Mellon Bank. The bank also serves as a trustee for The T & J Louisburg Square Nominee Trust, the entity that owns the townhouse.

The Kerry's personal attorney, Paul Bschorr, denied any favoritism.

``It's a straight forward mortgage. Straight off the shelf,'' Bschorr said, adding that he'd seen the appraisal but wouldn't provide it to the Herald.

``I've seen it and it's $12.8 million,'' he said. ``I can't release any documentation. It's confidential.''

The loan was crucial to righting Kerry's campaign, which late last year appeared to be in third place in Iowa and running a poor second to former Vermont Gov. Howard Dean [related, bio] in New Hampshire. Kerry's surprise win in Iowa catapulted him to front-runner status.

``It allowed John to exclusively focus on campaigning in Iowa and New Hampshire without going to any fund-raising events,'' said campaign spokesman Michael Meehan. Meehan said Kerry didn't do any fund raising in January and has only attended two fund-raisers this month, adding, ``He's been really freed up.''

But Meehan said the all-important mortgage complied fully with Federal Election Commission regulations.

``The bank did an appraisal,'' and determined the home is worth $12.8 million, Meehan said. ``Sen. Kerry mortgaged his half of the family home . . . and loaned his campaign $6.4 million.''

A city or town's assessment of a home's value rarely matches what a property sells for on the open market, said Meehan. ``Every homeowner in Massachusetts will understand that,'' he said.

When asked about the wide $6.2 million discrepancy between the city's valuation and Mellon Bank's appraisal, Meehan said, ``Take it up with the city.''

Legally, Boston must assess homes at their ``fair market value'' and City Assessor Ron Rakow said his department does a pretty good job of keeping up.

``It's not unusual to see assessments at about 90 percent of the market,'' Rakow said, noting that city workers visited 19 Louisburg Square to check its condition in July 2002.

The Assessing Department's database shows the home in excellent condition with a modern kitchen and modern bathrooms and ``elaborate'' interior finish, meaning it is unlikely that Mellon Bank's appraiser found new conditions that would have doubled the house's value.

``That's a big difference,'' Rakow said, referring to gap between his value and the bank's appraisal. Meehan also said other luxury properties near Kerry's have sold for amounts in excess of the city's assessed value.

City, county and real estate listing records show that a property at 3 Louisburg Square sold in September for $5.5 million while the city's assessment values it at $4,434,500 - 20 percent less.

Another nearby property at 56 Beacon St. is assessed at $5,057,400 but sold last month for $8,550,000 - a 69 percent premium.

Meehan said he would not provide a copy of the bank's appraisal. ``You can ask the bank if they will turn over the appraisal,'' he said. He said Kerry has already disclosed more than he is required to under Federal Elections Commission law.

Ron Gruendel, a spokesman at Mellon Bank's corporate headquarters in Pittsburgh, said the firm's dealings with the Kerrys are private.

``Our relations with our clients, those are proprietary and we don't discuss those publicly,'' Gruendel said.

However, banks do provide copies of an appraisal to the borrower as a routine matter, meaning Kerry could get his appraisal and release it himself.


TOPICS: Crime/Corruption; Front Page News; Politics/Elections
KEYWORDS: heinz; kerry
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I seem to remember posting something about Mr Heinz and the Boston Assessing Department's lowball assessment and Mellon Bank's Loan to Value ratio on the digs in Louisburg Sq.

I'm going to have to phone Jack or Ellen to see who's lurking here @ FR ;~)

1 posted on 02/25/2004 5:00:23 AM PST by ninonitti
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To: ninonitti
A city or town's assessment of a home's value rarely matches what a property sells for on the open market, said Meehan. ``Every homeowner in Massachusetts will understand that,'' he said.

Absolutely true. Tax assessment value is about half what you can typically sell a house for in Boston. Business tax assessment variances are even wider -- that's been a political game here for decades.

2 posted on 02/25/2004 5:04:12 AM PST by MoralSense
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To: ninonitti
When asked about the wide $6.2 million discrepancy between the city's valuation and Mellon Bank's appraisal, Meehan said, ``Take it up with the city.''
Yes.

Then go after him for back taxes for what he paid artificially low property taxes on.

And investigate the hell out of how he got such a sweetheart appraisal in the first place.

3 posted on 02/25/2004 5:04:38 AM PST by William McKinley
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To: ninonitti
I'm sure there are comparable properties in the neighborhood that must have been appraised that high as well, right? I'm sure a public records search would reveal that.
4 posted on 02/25/2004 5:06:53 AM PST by PogySailor
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To: MoralSense
It has been a political game here for decades but I'm probably assessed at 75 to 80 % of market value. Why not Mr. Heinz and the rest of Ward 5 (Beacon Hill)
5 posted on 02/25/2004 5:09:11 AM PST by ninonitti
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To: MoralSense
And in our city, we have a cap on the amount they can raise the assessed value each year. So, if you've lived in your home for a long time (we've been in ours for 15 years), your assessed value is WAY below the market value.

Big shockeroo when an unknowing person buys a house figuring the taxes will be the same as the former longtime resident, and then the house is reassessed since it's changed hands.

I think the statistics are that the average buyer of an existing home in our county is socked with a tax bill that is 2 1/2 times what the previous owner was paying before the reassessment.
6 posted on 02/25/2004 5:09:31 AM PST by dawn53
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To: MoralSense
But if any neighboring properties sold for anywhere near that high it would be in the public records. I don't know how Boston does it, but in most localities the sale price does affect the valuation going forward.

(I'm not a Realtor, but I did stay at a Holiday Inn Express last night)
7 posted on 02/25/2004 5:10:12 AM PST by PogySailor
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To: ninonitti
When you get a refinance mortgage from a bank with a "embellished" appraisal it is FRAUD... defrauding the bank and it's stock holders... The Appraiser could be arrested, charged, convicted and serve jail time for the felony.

But, of course "DemocRATS never do the time even though they did the crime"

8 posted on 02/25/2004 5:13:17 AM PST by Bob Eimiller (Kennedy..Kerry..Leahy...Pelosi..Kucinich.."Catholics" who Promote Partial Birth Abortion.)
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To: ninonitti
Ah, horseface and the waitress got their loan from Mellon Bank? As in Richard Mellon Scaife, heir to the Mellon Oil and Banking fortune, and < insert doom type music here > head of the VRWC?

Whoda Thunk?

9 posted on 02/25/2004 5:15:36 AM PST by Leisler (Whatever it is you're doing, it's illegal now.)
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To: Bob Eimiller
Bob Eimiller said: When you get a refinance mortgage from a bank with a "embellished" appraisal it is FRAUD... defrauding the bank and it's stock holders... The Appraiser could be arrested, charged, convicted and serve jail time for the felony.


But don't you know? All laws apply only to Republicans and conservatives. All Democrats and liberals are exempt from all laws. How else can you explain their behaviour?

Dan
10 posted on 02/25/2004 5:18:51 AM PST by Scannall (I used to be liberal, then I graduated from college and started paying taxes.)
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To: William McKinley
Then go after him for back taxes for what he paid artificially low property taxes on

Actually this is a good idea. I can't imagine a government (dontcha love 'em) not basing their appraisal of an actual transaction. In florida, any official appraisal is overridden by an actual market transaction.

11 posted on 02/25/2004 5:19:35 AM PST by js1138
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To: William McKinley; MoralSense; ninonitti
I own a mortgage brokerage business and I can tell you that this is a patronage game I've seen over and over down here in Florida

Depening on who you know in the municipality the valuation on the property sorely lags behind the realty's reality

the property owner is in no jepordy of back taxes .... but everyone who is not 'connected' pays the burden of the undervaluation

Kerry has a copy of the appraisial ... unless he is so tight with the bank that they just did a pencil appraisal (suspicious on a jumbo loan of this size)

but he's a democrat ... there's no price to pay for corruption of government and no accountability for your actions

.

12 posted on 02/25/2004 5:21:49 AM PST by Elle Bee
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To: William McKinley
And investigate the hell out of how he got such a sweetheart appraisal in the first place.

It wouldn't surprise me if John and Teresa hadn't had appraisals done before, for the opposite reason: to convince city authorities that the valuation was lower than the city's tax assessor had judged.

Certainly in the case of commercial real estate property, challenges to the Board of Adjustment (or whatever the local real estate tax department calls itself) are routine. Typically, an outside appraiser hired by the property owner to demonstrate to the tax authorities that the value of the property is lower. The same applies, I'm sure, for owners of high-priced residential property -- though, sad to say, I have no experience with $6 million or $12 million townhomes.

It will be interesting to see, assuming this is a matter of public record, whether such an "independent" appraisal, designed to plead for a lower valuation, has been done in the past. Surely the Kerrys don't want to "have it both ways," do they?

Appraisals can be very useful, whether their intent is to demonstrate to the tax authorities that a property is lower in value, or to demonstrate to prospective buyers that the value is higher (lenders usually bring in their own appraisers, of course, though the property owner typically pays the bill). Of course in each case, one's instructions to one's hired appraiser would be rather different. Which is why some cynical sorts refer to the letters attached to a master appraisers name, "MAI," as "Made As Instructed."

13 posted on 02/25/2004 5:27:15 AM PST by southernnorthcarolina ("Yes, but other than that, Mrs. Lincoln, how did you enjoy the play?")
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To: dawn53
And in our city, we have a cap on the amount they can raise the assessed value each year. So, if you've lived in your home for a long time (we've been in ours for 15 years), your assessed value is WAY below the market value.

Big shockeroo when an unknowing person buys a house figuring the taxes will be the same as the former longtime resident, and then the house is reassessed since it's changed hands.

I think the statistics are that the average buyer of an existing home in our county is socked with a tax bill that is 2 1/2 times what the previous owner was paying before the reassessment.

Maryland and its counties also have a limit on assessment increases, HOWEVER the actual assessment is always carried on the assessment form. The adjustment, that takes into account the limit, is made on the tax bill. I doubt that many settlement lawyers, hired by the buyer, would not inform the buyer what the actual assessment is.

In addition, the property assessments for the whole state are available on-line. If a buyer is "surprised" it is because they haven't done due diligence.

By the way, some towns in Massachusetts also put their assessments on-line. Barnstable, on Cape Cod is one. Perhaps Boston does as well.

14 posted on 02/25/2004 5:41:02 AM PST by jackbill
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To: ninonitti
I believe that it was Rush, the other day, who mentioned some reporter who had read through something like 2000 pages of Kerry's campaign finance report and found that the first month's mortgage payment was made by his campaign.

The campaign can pay off the mortgage, but must do so before the Convention. If they don't, then Kerry has to, unless he can get Mellon Bank to forgive the loan.
15 posted on 02/25/2004 5:44:11 AM PST by jackbill
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To: ninonitti
Interesting.

Property assessments for Boston are on-line, at:

http://www.cityofboston.gov/assessing/search/

I did a search for Louisburg Square and the Kerry house doesn't seem to be in the data-base. How come?
16 posted on 02/25/2004 5:53:16 AM PST by jackbill
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To: ninonitti
He said Kerry has already disclosed more than he is required to under Federal Elections Commission law.

What a forthcoming kind of guy! I'm sure his military records will also be released, any day now . . .

17 posted on 02/25/2004 5:59:00 AM PST by nepdap
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To: ninonitti
"I can't release any documentation. It's confidential."

Sure you can if your client will let you.

Let's see the press start demanding copies of Kerry's loan documents. I'm sure that will happen shortly after a flock of monkies fly out of Dan Rather's butt.

18 posted on 02/25/2004 6:47:12 AM PST by kennedy
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To: jackbill
Kerry's Property's and Mortgages
19 posted on 02/25/2004 6:54:27 AM PST by Hillary's Lovely Legs (Hey Botox Boy, why the long face?)
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To: Hillary's Lovely Legs
Law restricts wife's aid for Kerry's campaign
20 posted on 02/25/2004 7:01:57 AM PST by palmer (Solutions, not just slogans -JFKerry)
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