Showing posts with label real estate taxes. Show all posts
Showing posts with label real estate taxes. Show all posts

Tuesday, August 10, 2021

Real estate title after the parents die; don't believe everything you read on the Internet

The road to hell is paved with good intentions, but sometimes it's just bad advice


So, a recent consumer help column discusses the ownership of real estate after a parent dies. Here's the lede:

What happens if I don’t change a deed after a parent dies?



Q. In the situation of parents who transfer property to a child and the child’s spouse, and after a while, both parents pass away, what is the obligation or responsibility of the child and spouse in notifying the authorities — the county register of deeds and the city or township tax assessor — about the death, in order for the property tax records to properly show ownership of the property? And when this has not been done for more than three years after the death of the last surviving parent, are there consequences?
— Beneficiary

[Our comments are in brackets]

A. We’re sorry to hear about the loss of your parents.

The New Jersey Recording Act requires that deeds must be recorded, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park. [Yes, they do, but only when a deed exists.  This statement implies that in this situation a deed MUST be recorded.]

She said the failure to record a deed will make it impossible to sell the property or obtain a mortgage or a line of credit. [Not true.  Title to real estate devolves upon the death of an owner in accordance with a state's inheritance laws and how ownership is held.  For instance, upon the death of a joint tenant, title automatically vests in the co-owner without need for estate administration. If property is devised to a third party, title to the property becomes vested in the beneficiary upon probate of the Will.] Plus, judgments or liens against the prior owners could attach to the property. [These judgment or liens are already attached to the property.]

“The transfer should be exempt from New Jersey Realty Transfer fees because the conveyance was from a parent to a child,” Whitenack said. [A deed from the estate to a beneficiary is exempt from RTF on that basis.] “However, if the parents were wrongfully or fraudulently receiving a tax credit or deduction on the residence on property they no longer owned, there could be serious consequences affecting the estate of the parents.” {They lost us on this one.]

It’s time to get the paperwork done.

[Getting the title into the name of the beneficiary is a good idea but I wouldn't lose sleep over it. A letter to the tax assessor with a copy of owner's death certificate asking that the assessment be changed and bills sent to a new address should be sufficient to avoid errant tax bills.]

[We're glad to answer any questions you might have.  Call us.]

This story was originally published on July 26, 2021.

NJMoneyHelp.com presents certain general financial planning principles and advice, but should never be viewed as a substitute for obtaining advice from a personal professional advisor who understands your unique individual circumstances.

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Tuesday, July 6, 2021

Condominium vs. Co-operative: What’s the Difference?

Condominium vs. Co-operative: What’s the Difference?

 Being a homeowner can be irksome and can take the fun out of homeownership itself.  If that’s the case, it might be time to make a move to either a condominium (condo) or co-operative (co-op).

 Condos and co-ops offer the benefit of not having to handle all of the routine upkeep you get in a house, but, as with everything in life, there a pros and cons to both.

 What is a co-op?

 First, please understand that co-ops are unique as far as ownership is concerned. Co-ops are different from condominiums and other residential arrangements because they aren’t considered “real property.” They are “interests in real property.” When you buy into a co-op you are buying shares in a corporation which owns the land and building.  You ownership in the co-op corporation entitles you to an apartment or unit usually embodied in a proprietary lease. But that’s not the only difference between a co-op and condo.

 The basic differences:

 Ownership

 Condo: Buying a condo means you own the real estate, including an interest in common areas.  Those common areas can be lawns, the swimming pool, or the parking garage.  There is no approval process when you buy your condo, and you don’t get a chance to pick your neighbors.

 Co-op: When you buy into a co-op apartment, you’re buying shares that entitle you to a portion of the building. A co-op board will have to approve you in as a new owner.  Proceedings, in the vast majority of cases are not subject review.  When you sell your co-op, the buyer has to go through the same procedures you did when you bought.

 Fees and expenses

 Condo: Condos charge maintenance fees, usually on a monthly basis. This covers maintenance costs for the building’s common areas.  They can include expenses ranging from lawn maintenance, pool upkeep, snow removal and certain routine maintenance that all buildings need.  See below about real estate taxes and mortgages.

 Co-op: Co-ops will also charge fees, but they are often higher in a co-op and sometimes include items like utilities. They will include a proportionate share of the building’s mortgage and real estate taxes.  See below.

 Keep in mind maintenance fees for condos and co-ops may increase over time.

 Cost

 Condo: Condos usually cost more to buy than a co-op, but you have more flexibility with your investment. It’s usually easier to sell or lease out a condo.

 Co-op: While co-ops will have higher fees, the initial cost of buying into a co-op is usually cheaper than a condo. However, it is almost impossible to rent out your co-op apartment.

 Property taxes

 Condo: Condos are individually owned, so owners are taxed separately just as they would be in a single-family home.

 Co-op: Co-ops are considered a single property, with a single property tax assessment that is split among the owners and usually included in the maintenance fee. Property taxes are typically lower on co-ops than on condos.

 Tax deductions

 Condo: If you own a condo, the mortgage interest and property/real estate taxes are deductible – just like a home.

 Co-op: Co-op residents can deduct their share of property taxes and mortgage interest.

 Disclaimer:

The information included is designed for informational purposes only. It is not legal, tax, financial or any other sort of advice, nor is it a substitute for such advice. The information may not apply to your specific situation. We have tried to make sure the information is accurate, but it could be outdated or even inaccurate in parts. It is the reader’s responsibility to comply with any applicable local, state, or federal regulations. Vested Land Services LLC and their employees make no warranties about the information nor guarantee of results, and they assume no liability in connection with the information provided. 

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!


For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Monday, June 7, 2021

New Jersey's tax sale law; city wins; property owner cannot get back his property

Tax foreclosure causes owner to lose title to real estate.


Municipalities earn most of their income through the collection of real estate taxes. In New Jersey, when taxes aren't paid, the municipality has the right, indeed the obligation, to collect those taxes by selling the lien representing those unpaid taxes. If the lien is not sold, the municipality becomes its owner. (The lien is represented by a tax sale certificate that is recorded in the land records.) If the lien remains unpaid, then the municipality has the ability to foreclose on that lien, take title to the property, and then sell it n order to recoup the unpaid taxes.


Sometimes, after the title has been acquired by the municipality, the owner "wakes up" and tries to reclaim the property. In a recent case involving Newark, New Jersey property, the former property owner gets it in the neck for a) not paying the taxes, and b) trying to bamboozle the court into reopening the case after title was acquired by foreclosure.


As discussed in the Court's Opinion involving an investment property, none of the foreclosed owner's arguments were persuasive and the Court would not set aside the foreclosure.


Our office deals with tax liens on a daily basis. Our advice, pay taxes when they are due!


We deal with municipal tax liens on a daily basis and over the past 40+ years.  If you think we can help you, or if you have a question regarding unpaid municipal liens in New Jersey, let us know.


We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Tuesday, November 10, 2020

The NJ Senior Freeze can save you money

Senior Freeze (Property Tax Reimbursement) Program)

This New Jersey tax reduction program works but you have to apply

New Jersey residents may not be aware of the Property Tax Reimbursement Program, also known as the “Senior Freeze” program: a state program that reimburses eligible senior citizens for property tax increases on their primary residence. Once a household applies for the “Senior Freeze,” their future property taxes are “frozen” at their current level for all future years in which they meet the requirements.

Normally, this “freeze” works by issuing annual reimbursements to program participants, paying back the difference between their “frozen” property tax level and the increased amount they actually paid. Unfortunately, due to the coronavirus and the pending state budget, there may be some changes to the program’s funding this year, reducing or eliminating the reimbursement amount for 2020 only.

In the meantime, residents can still apply to “freeze” their property taxes at their current level, rather than waiting another year and allowing your taxes to increase in 2021. Applicants might not receive a reimbursement for this year’s Senior Freeze, but accepted applicants will pay less in taxes next year, and for all subsequent years that they qualify.

Applicants must meet the following eligibility requirements to qualify for the Senior Freeze:

  •  You or your spouse/civil union partner were 65 or older on December 31, 2018 or were receiving federal Social Security disability benefit payments on or before December 31, 2018
  • You have lived in New Jersey continuously since December 31, 2008, or earlier, as either a homeowner or a renter.

Homeowners Only:     

  •       You owned and lived in your home since December 31, 2015, or earlier (and you still owned and lived in that home on December 31, 2019.
  •       The 2018 property taxes due on your home must have been paid by June 1, 2019, and the 2019 property taxes must be paid by June 1, 2020.

 Mobile Home Owners Only:

  •  You leased a site in a mobile home park where you placed a manufactured or mobile home that you owned since December 31, 2015, or earlier (and still lived in that home/leased the site on December 31, 2019).
  • Your site fees must have been paid by December 31 of each year respectively.

 Additionally, applicants must meet the following income limits:

  •  Your total annual income (combined if you were married or in a civil union and lived in the same home) was:
    • 2018 – $89,013 or less; and
    • 2019 – $91,505 or less

 You are not eligible for a reimbursement on:

  • A vacation home or second home;
  • Property that you rent to someone else;
  • Property that consists of more than four units; or
  • Property with four units or less that contains more than one commercial unit.
  • Are completely exempt from paying property taxes on your home; or
  • Made P.I.L.O.T. (Payments-in-Lieu-of-Tax) payments to your municipality.

Life Estate (Life Tenancy). You are considered the owner of the property if you have life estate rights or hold a lease for 99 years or more. You must include with your application a copy of an official document (e.g., deed, lease) establishing your right to occupy the property.

For more information and to apply on line, visit New Jersey’s Senior Freeze website at https://www.state.nj.us/treasury/taxation/ptr/index.shtml


We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!


For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact

Stephen M. Flatow, Esq.

Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Sunday, November 8, 2020

The Tax Sale Certificate - Real Estate Tax Liens in New Jersey

Some basics of Tax Sales and Tax Sale Certificates in New Jersey

New Jersey homeowners should know this about their real estate taxes.

All owners of real property are required to pay both property taxes and any other municipal charges. In New Jersey, property taxes are a continuous lien on the real estate in the full annual amount as of the 1st of the year.  But taxes are payable in four installments on February 1, May 1, August 1, and November 1.  Municipal liens for real estate taxes and other assessments are paramount to all prior and subsequent liens, except for subsequent municipal liens.

When taxes remain unpaid, the municipality has a right to “sell” the unpaid taxes.  When that happens, the municipality issues a Tax Sale Certificate.

Why Tax Sale Certificates?

Real estate taxes are the key part of every municipal budget.  When taxes go unpaid, the municipality – that includes you, the property owner – lose that money. The budget suffers and municipal services are at risk. In order for municipalities to collect missing tax money, they are allowed by state law to sell or assign the unpaid taxes.  This is done through a “tax sale” and the issuance of a tax sale certificate.

 New Jersey law requires all 565 municipalities to hold at least one tax sale per year. How does it work?

Prior to actually conducting the sale, the tax collector mails notices of delinquent taxes to the property owner.  The collector also publishes the list of unpaid taxes in local newspapers several times.  If the taxes are not paid, the tax sale is conducted by the tax collector.  It’s a public process.

Third parties bid on the tax sale certificate (let’s call it the “TSC”). At the auction, bidders bid DOWN the interest rate that will be paid by the owner for continuing interest on the certificate amount. If the interest is bid down to 0%, a “premium” is bid up until the bidding stops, to obtain the tax sale certificate.

At the conclusion of the sale, the highest bidder pays the outstanding taxes and becomes the holder of the lien which is represented by a TSC issued by the municipality. The TSC will then be recorded with the County Clerk to establish the lien against the real estate.

If no one bids on the tax lien, the municipality becomes the owner of the TSC.

Typical form of Tax Sale Certificate

Despite the language of the TSC, the holder of a TSC does not own the property. Rather, the TSC holder owns a lien against the property in the amount paid for the TSC plus interest which continues to accrue.

As owner, you have the right to redeem the TSC.  It is strictly governed by statute.  In addition to the owner,  only certain enumerated persons or parties with interests in a property may redeem the TSC. They include the owners, trustees for the owners, heirs of the owners, holder of any prior tax sale certificates, mortgagees and any legal occupant.

The amount required to redeem must be requested from the tax collector who relies on a certification of the TSC holder as to all amounts due and owing. Once the amount is paid, the Certificate should be cancelled of record.

Note, the foregoing is not intended to be an exhaustive treatment of real estate tax liens and tax sale certificates.  Always seek competent legal advice when you are dealing with a tax sale certificate,

 We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Monday, August 10, 2020

The Tax Breaks for Homes That Help You Now

Homeowners need to know these income tax facts

Home office and second homes deductions

A column in the Wall Street Journal answers some timely questions about income taxes and your home.  

As this article appears behind a paywall at wsj.com/articles/the-tax-breaks-for-homes-that-help-you-now-11596792602, the full text is below.

August 7, 2020

By Laura Saunders

 The coronavirus pandemic has had profound effects on real estate, and the sudden shifts make it a good time to delve into tax breaks available to home buyers and homeowners.

 Many people are scrambling to get mortgages now that interest rates are under 3%, either to buy a home in a red-hot market or refinance debt on an existing one. Others, who are working from home far longer than expected, are itching to renovate their nest or add workspace.

 And then there are those who have moved to vacation homes for the long haul. Some are even social-distancing in motor homes or boats.

 The tax landscape for homeowners changed with the 2017 tax overhaul, which made the long-cherished mortgage-interest deduction irrelevant for many. For 2018, 13 million filers claimed this write-off, down about 60% from 2017’s total of 33 million filers. The overhaul also limited interest deductions on home-equity loans and repealed a benefit for some home offices.

 

But other tax breaks for homes remain, such as one allowing mortgage-interest write-offs for motor homes and boats. Loosened rules on withdrawals from retirement accounts could provide a source of funds for home buyers who need cash this year. A spokeswoman for TD Bank said it’s allowing such withdrawals to be used for down payments

 Whether you’re part of a backlog of buyers or mulling changes to your current home, here are answers to key questions—plus examples to show how the rules apply in different situations.

 Will I get a mortgage-interest deduction if I buy a home?

 Yes, but it might not lower your taxes, if your “standard deduction” is higher than your total itemized deductions listed on Schedule A.

 The 2017 overhaul nearly doubled the standard deduction, and now it’s $24,800 for most married couples filing jointly and $12,400 for most single filers. So millions fewer homeowners are itemizing.

 Typical itemized deductions are for mortgage interest, charitable donations, medical expenses and state and local taxes (SALT), such as property and income or sales taxes. SALT deductions are limited to $10,000 per tax return.

 Here are examples provided by Evan Liddiard, a CPA who directs federal tax policy at the National Association of Realtors. Say that a married couple buys a $400,000 home with a 20% down payment, a 3% interest rate and a 30-year fixed rate mortgage. The first-year interest deduction would be about $9,500.

 If the couple deducts that amount, along with the limit of $10,000 for SALT, they’d still need more than $5,300 in charitable or other write-offs to get above the $24,800 threshold.

 Many single filers will find it easier to get a benefit. If a single person buys a $250,000 home with 20% down and a 3% interest rate, the first-year interest is about $5,950. If this buyer lives in a higher-tax area and has $10,000 of SALT write-offs, then his total itemized deductions are more than $3,500 above the $12,400 threshold, even without other write-offs.

 How much mortgage interest can I deduct?

 For new mortgages issued after Dec. 15, 2017, taxpayers can deduct interest on up to $750,000 of mortgage debt on up to two homes.

 For mortgages issued before that date, a “grandfather” provision allows interest deductions on up to $1 million of mortgage debt on up to two homes.

 Here’s how these two rules can interact. If a homeowner has a grandfathered $800,000 mortgage on a first home and wants to borrow $100,000 to buy a second home in 2020, then the interest on the $100,000 wouldn’t be deductible. For more information, see IRS Publication 936.

 Note that the $750,000 limit applies per tax return, so unmarried couples who buy homes together can deduct interest on up to $1.5 million of mortgage debt. Some couples in high-cost housing markets have refrained from marrying in order to double their deduction.

 I’m refinancing my mortgage at a lower rate. Can I still deduct the interest?

 Yes, in many cases. But current law disallows deductions on the “cash-out” portion of a refinancing unless it’s used to improve a home.

 Say that a borrower with a $400,000 mortgage balance refinances at a lower interest rate but raises the balance to $450,000 in order to have $50,000 for college tuition. In that case, only the interest on $400,000 would be deductible. But if she uses the $50,000 to add a room, then interest on the $50,000 would be deductible, says Mr. Liddiard.

 Are “points” paid to get a mortgage deductible?

 Yes. Points are upfront interest payments that typically reduce the rate. Points paid for a first mortgage are usually deductible the year it’s taken out, while points paid on a refinancing typically must be deducted over the loan’s term.

 I want to borrow to buy a boat or RV. Can I count that as a home and deduct mortgage interest?

 Maybe! Mortgage interest on debt used to buy a motor home or boat can be deductible if it has cooking, sleeping and toilet facilities. The write-off is also subject to the other requirements, such as no deductions for more than two homes.

 Mortgage interest on these homes may not be deductible for the alternative minimum tax—but far fewer people owe this levy than before the 2017 overhaul.

 Can I still deduct interest on a home-equity loan?

 It depends. Until the 2017 overhaul, interest on up to $100,000 of home-equity debt used for any purpose was deductible.

 Now, such interest is deductible if it’s used to make substantial improvements to a home. The debt must be secured by the property it’s used for, and the $750,000 and $1 million total debt limits apply.

 Now that I’m working from home, can I take a home-office deduction?

 Not if you are an employee, because the 2017 overhaul repealed that write-off. But your company can likely reimburse you for your work expenses during the pandemic and get a deduction. The payment won’t be taxable to you, says Gerard Schreiber, a CPA who specializes in tax issues involving disasters.

 Workers who are self-employed, either full-time or part-time, can often deduct home-office expenses on Schedule C for a space that’s used regularly and exclusively for the business. (That means no watching sports on a couch in the office during off-hours.) For more information, see IRS Publication 587.

 I’m spending more time at home, and I want to remodel my house and add office space. Are there tax breaks for remodeling?

 Yes, in some cases. A business owner who builds or upgrades office space at home may be able to take deductions for costs. For example, a photographer’s expenses for adding a studio and darkroom to her home could be deductible over time on Schedule C, as could the interest on a borrowing to finance it.

 For homeowners without businesses, the cost of improvements such as an addition can raise the “cost-basis” of the house and reduce taxable profit when it’s sold. So if a house was bought for $250,000 and the owner made $150,000 of improvements, then the starting point for measuring the gain after a sale would be $400,000. The interest on a home-improvement loan can also be deductible.

 This year many people can withdraw more from such savings plans than in the past, and on better terms, because Congress loosened rules for people affected by the pandemic. These savers can withdraw up to $100,000 from IRAs and many 401(k)s without owing the 10% penalty that would often apply. Then they can spread the tax over three years or pay all or part of the withdrawal back, according to IRA specialist Ed Slott.

 I have a city home and a vacation home, and until the pandemic I lived in the city. If I make my vacation home my primary residence, can I avoid owing city taxes?

 Maybe—but rules vary widely, so seek professional advice tailored to your area. For example, people with jobs based in New York often owe taxes to New York even if they’re residents of other states.

 To switch your vacation home to your primary home, you may need to count days spent in each place. You may also need to make moves showing you’ve truly changed your residence, such as switching doctors, children’s schools, your place of worship, and where you vote.

 Write to Laura Saunders at laura.saunders@wsj.com

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!


For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact

Stephen M. Flatow, Esq.

Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Monday, June 11, 2018

New Jersey Senior Freeze Program - do I have to fill out the form every year?

Vested Land Services LLC is ready to help you make that home purchase a reality instead of a title headache.  Here's some background information about the New Jersey Senior Freeze Program that helps senior citizens with their real estate taxes from NJMoneyHelp.com.  Information about the current program can be found at the end of the article.

Q. Do I have to fill out a form every year for the Senior Freeze?
— Hater of paperwork

A. Let’s go over the Senior Freeze.
The Senior Freeze property tax reimbursement program reimburses eligible senior citizensand disabled persons for property tax or mobile home park site fee increases on their principal residence, said Abby Rosen, a certified financial planner with RegentAtlantic in Morristown.
To qualify, you must meet all the eligibility requirements for each year from the base yearthrough the application year, currently 2016.
You qualify if you, or your spouse or civil union partner, were:
1) 65 or older; or actually receiving Federal Social Security disability benefit payments (not benefit payments received on behalf of someone else).
2) You lived in New Jersey continuously for at least the last 10 years, as either a homeowner or a renter.
3) Homeowners: You owned and lived in your current home for at least the last three years.Mobile Home Owners: You leased a site in a mobile home park where you placed a manufactured or mobile home that you owned for at least the last three years.

4) Homeowners: You paid the full amount of the property taxes due on your home. Mobile Home Owners: You paid the full amount of mobile home park site fees due.
5) Your income did not exceed $87,007 for 2015 and $70,000 for 2016, as long as they meet all other requirements. Applicants whose income was over $70,000 but was $87,007 or less can establish their eligibility for future reimbursements by filing an application by the due date.
So yes, you must fill in a form every year to participate in the Senior Freeze, Rosen said.
“A form PTR-2 should be mailed to you annually if you filed an application the prior year and met all eligibility requirements,” she said. “You must file a PTR-1 if it’s your first time applying or you were ineligible the prior year.”
Rosen said you must file your application (Form PTR-1 or PTR-2) for 2016 on or before the extended due date of October 18, 2017. The original due date was June 1, 2017.
Information about the current program may be found on the official New Jersey website.
For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us. We can help. Located in Fairfield, NJ, we are the title insurance agent that does it all for you.

Follow us on Twitter @vestedland and FaceBook 

For your next title order or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow AT vested.com
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Sunday, November 30, 2008

New Jersey towns prepare for tax appeals

While down the shore for the Thanksgiving holiday weekend, I came across an Asbury Park Press newspaper article that, while focused on Monmouth and Ocean counties, carries weight across the state of New Jersey. The topic- “Towns prepare for tax appeals

The main points:

  • "Towns are now bracing for an onslaught of property tax appeals as more homeowners seek lower assessments to keep pace with the declining house market.

  • Toms River, for example, has budgeted $1 million to fight the coming wave of appeals. Lakewood, which completed a revaluation when the housing market was at its peak in 2006, has spent about $1.5 million in the past two years.

  • While the overall average sales price in the state dropped 4.5 percent,Monmouth County saw a 6.5 percent decline. Ocean County had a 5.3 percent dip, according to the sales data for single family homes.

  • Appeals in Monmouth County rose from 936 in 2006 to 1,862 so far this year, according to Matthew Clark, Monmouth County tax administrator.

  • In Ocean County, tax appeals soared to more than 4,200 this year, from 2,700 in 2007, according to Tax Administrator L. Ozzie Vitusck."

Filing a real property tax appeal in New Jersey is not difficult but it is not a cake walk. I also caution readers that your ability to introduce evidence cannot be based on "my neighbor's house is worth less than mine." An appraiser with experience in tax appeals in your community is a handy ally and the need to hire an attorney should not be discounted.

Click a Guide to Tax Appeals published by the New Jersey Department of the Treasury, Division of Taxation for more technical information about the real property tax appeal process.

Stephen M. Flatow

Vested Title Inc., 648 Newark Avenue, Jersey City, NJ 07306. Tel 201-656-9220. Fax 201-656-4506. Email vti@vested.com

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