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Posted on 06/10/2002 12:24:25 PM PDT by Alan Chapman
GOWEN - A home here has been foreclosed over an outstanding balance of $30.17.
Greg Akens, 3532 Holiday Drive, Gowen, has lived at his residence on Perch Lake for more than 13 years. If the situation cannot be resolved, he will see his home sold on the auction block during an upcoming tax foreclosure sale. His is one of 80 properties foreclosed by the county this year.
"I just want to pay the $30 and keep my home," Akens said.
However, it's too late for that, according to Montcalm County Treasurer Marcia Sawdy, who said she followed state guidelines throughout the forfeiture and foreclosure process.
Public Act 123 of 1999 amended the General Property Tax Act to subject tax-delinquent property to forfeiture, foreclosure and sale over a three-year period. The act added several new fees as a result of changes in the delinquent property tax process, and added requirements for written and personal notification of foreclosure. Sawdy said she followed these requirements.
"In 1999 when the new law took effect, there were new dates (by which) we had to inform people of the delinquency after we received them in our office from the townships, cities and villages," Sawdy said.
"It is the law and we follow it," Sawdy said. "That's what governs our offices.
"He had plenty of notification. He just didn't open his mail, apparently."
Sawdy said she sent letters by way of regular U.S. mail, registered mail and had Akens served notice by a process server. A mortgage foreclosure legal notice also appeared in The Daily News for three consecutive weeks she said.
According to Akens, the saga began when a tax for the Flat River Community Library was not included on his 1997 tax bill. Montcalm County Clerk Kristin Millard confirmed that the tax amount did not appear on property owners' tax bills because the proper paperwork was not filed by the library before the tax bills were printed by the county's equalization department. Thus, a second tax bill was mailed for the library tax. Akens' mortgage company pays his property taxes out of an escrow account. The mortgage company did not return a call from The Daily News seeking comment. It is not known whether or not the mortgage company will file a lawsuit against the county.
Akens admits that he received a notification in early December, 2001, stating that he owed $271.04, due that month. He mailed payment, but it was not received by the treasurer's office until Jan. 3, 2002.
At that time an additional penalty was assessed and interest began accruing, bringing the current total to $30.17.
Sawdy said the notification includes a sentence telling property owners to call the treasurer's office for a correct payoff because these amounts will change.
A Feb. 4, 2002, foreclosure hearing set the ball rolling for final foreclosure. However, Sawdy said Akens still had a 21-day redemption period in which he could have paid the final bill.
"I didn't have any other choice," Sawdy said of the process which she followed.
State Rep. Patty Birkholz, R-Saugatuck, was one of the sponsors of PA-123.
She said the act is "much more taxpayer friendly. It quadruples the number of notices that the taxpayer has to receive plus it requires a personal visit. None of that occurred under the old law."
The purpose of the act was to streamline the forfeiture and foreclosure system, create a better set of guidelines and get properties back on the local tax rolls.
"Under the old law, lien buyers would buy a property then often times leave them vacant," she said, which cost municipalities tax revenue.
"The payment of property taxes is a Constitutional duty."
Akens disagrees with the system and feels that he was treated unfairly.
"It's up to the county to make sure they (the mortgage company) get the bill to pay it," he said.
He claims the county and library are at fault because of the processes officials followed.
"They didn't inform me or my mortgage company properly," he said. "I did take responsibility. I paid the $271.04 that I was told by my mortgage company that I shouldn't have paid. I should have not been responsible for that three day late fee because they (county treasurer) had to take Christmas break."
Akens intends to file a lawsuit against the county. His attorney refused to speak on the record with The Daily News until the suit is filed. It is expected to be filed within a few days.
In other news, TYCO saved close to $1,000,000,000 in federal taxes over the past three years by registering as a Bahamas corporation instead of out of their headquarters on the East Coast.
But God forbid that any ordinary citizen dodge $30 of personal property tax. Off with their heads. Let them eat cake.
Socialism/communism's foundational premise is that there is no private ownership of land/resources... that it all belongs to the state. People are "allowed" to use the land by the grace of the state.
So what can it be called when a man has a piece of paper saying that he is the master of a parcel of land and everything on it, but in order to continue using it the state extorts a "users' fee" out of him? Can that legitimately still be considered "private ownership"? And if not that, what else can it possibly be but socialism?
At that time an additional penalty was assessed and interest began accruing, bringing the current total to $30.17.
A Feb. 4, 2002, foreclosure hearing set the ball rolling for final foreclosure. However, Sawdy said Akens still had a 21-day redemption period in which he could have paid the final bill.
I have never, ever, in my life heard of a county being able to foreclose on a property because a penalty had not been paid, and was only about 30 days delinquent. This just doesn't make sense.
A bank can't forclose on you until 90-days of non-payment - and they own interest in the property.
In all reality, the mortgage company is probably legally responisble in this case.
Yes, I thought there were some odd things about the tax foreclosure policy myself. A penalty that has been assessed due to a late payment results in a foreslosure within 30 days of non-payment of the penalty? Even after the actual taxes were payed?
There is certainly no such duty outlined in the Constitution!
IMHO, property and income taxes are an abomination. Both are simply means to an end — confiscation of personal property!
Property taxes are especially absurd when they are based on the appraised value of homes, which prevents many aging couples from living in the same home that they have owned for 30+ years because the appraised value (and their property taxes) increases annually.
The government needs to stop stealing people's property before they piss some of us off!!!
It must be a very small county, too. Most counties wouldn't/couldn't even get around to foresclosure hearings, or even compile a list of delinquent taxes, for months or years! You can plain fail to pay your taxes one year, and you will just be assessed a penalty. No county I have ever heard of tries to forclose on a property within a month of non-payment. Hell, he paid his taxes, just not a penalty assessed for late payment.
Have about a thousand people band together and meet at the foreclosure proceedings (notify the media) and buy the house and give it back to this guy. Just have the current owner stipulate to return any excess cash above the tax to those who purchased it from the county. [I believe the county must give any sale proceeds to the owner, over and above the tax and the cost of collection . . . not sure, though].
Anybody remember "Dan's bake sale" that Rush did (it started as a joke)?
True. I would think that would setle the issue, assuming the payment was postmarked December 31 or before. Anyway, the part that baffles me is that they are foreclsoing over a late payment penalty that was only overdue for thirty days. Surely the law does not allow that.
We've got a real Constitutional scholar on the case!
This sounds like one of those credit card company scams where they hold your payment to make it late and then charge you the late fee.
OK, anyone know how to find this woman's email address so we can ask her about this? Granted, one has to pay his property taxes, but to call it a constitutinal duty makes one wonder what constitution this woman has read.
Good grief.
This woman is a Republican? She must be a Jim Jeffords-style GOP'er.
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