"Stolen" article on Flipping Houses

So I stole this article from an email I received. With all the TV shows on Flipping, you'd think it was SO easy! In all honesty, I still have clients who are flipping but this trend has come and gone (Caveat--the 'simple' picks have come and gone by now; what's left are rough properties and many are in rough areas). In essence, the tone of the article (in my opinion) is 'be careful'. The pros are doing it still and having mixed success. Do you want to risk your entire nest egg as a 'newbie'? Perhaps not... Read on!

SEE BELOW FOR HEADINGS/TEXT OF EMAIL RECEIVED...

What's the Deal with Flipped Homes?
Americans love their home improvement and design shows. With entire channels dedicated to DIY, home decor and design, and everything related to U.S. real estate, we love the possibilities that lie within the real estate market in America. One popular aspect of many shows and publications is home or house flipping. We hear a lot about flipping homes, but what does that really mean? Is it feasible for everyone? Are there risks? Should you buy a flipped home, and what questions should you ask if your property search lands on a potentially flipped property?


What is Flipping?
Flipping is a predominately U.S. term used to describe purchasing a property with the intent of quickly reselling it for profit. Most of the time, properties that are purchased with the intent to flip are those that are distressed, abandoned, or otherwise in need of repairs that make the property less desirable to other potential buyers. Flipping has become increasingly popular throughout the U.S. in the last decade, and many people have become successful real estate flippers with the vast and varied real estate markets throughout the United States.


Can Anyone Flip a Property?
Many programs on television make house flipping look easily attainable to anyone and everyone. The fact remains that flipping a property is risky business that requires a large amount of work, experience, funding (preferably cash), excellent credit and a good understanding and almost intuitive knowledge of the real estate market. If you're interested in flipping properties, the best way to get started is by talking to someone who has experience and has had success in flipping real estate. There are many things to know about flipping real estate that should be addressed before the idea is even entertained.


What are the Risks of Flipping a Home?
There are risks with any kind of real estate investment, but inexperienced flippers can make a number of mistakes. There are a number of costs that come with flipping a property, and new flippers can make the mistake of not having enough money to cover the entire project – from the acquisition of the property, to the renovations, taxes, utilities and more. Another risk of flipping properties is time, or lack of time. Finding the right property can take months, and once you own the property there is a time commitment to renovations, commuting, inspections, and ultimately the marketing and selling of the property.

Other risks that new flippers run into are not having enough knowledge about the real estate market and failing to purchase the right property for a flip; a lack of skills when it comes to working on the property and putting in the sweat equity (hard work) required to get it up to market standards; and ultimately lacking patience when it comes to the entire project as a whole.


Should I Buy a Flipped Home?
Often, flipped homes have mostly cosmetic changes done in order to attract buyers and ultimately get the property sold. You might fall in love with fresh paint and brand new appliances, and generally speaking, most flipped homes attract many buyers because they have a smaller initial to-do list than other properties on the market. If you're looking at a property that could be a flip, be sure to ask these questions: What is the home's sale history? If the home recently sold for much less than its current asking price, it's possible it is a flip. Does the outside of the home match what's inside? If the exterior of the home is older, and the interior looks brand new, it's very possible someone is trying to flip the property. Information is your best friend when it comes to a flipped home, so getting the most information up front will help guide you toward pursuing the property or not.

If you believe you're looking at a flipped home, consider asking the seller what changes have been made to the property, and check to see if any permits were issued for the work. Also, some buyers might be blinded by all the new interior cosmetic updates that they forget about the bones and foundation of the home. Regardless of whether a home is old or new, always hire an experienced and licensed inspector to check over the home to make sure you're getting the most for your money when it comes to buying a property.

When to shop for a cheaper closing...

This article some great points but a few things to point out--title insurance rates are set by the title insurance company here in GA; we use Old Republic Title as they offer solid service/reliability and great common-sense underwriting (and fair fees too!). For the record, most title companies in GA do not offer re-issue rates so ignore that part of the story.

One other comment that needs to be 'tweaked' is about closing on the last day of the month. YES you'd save the most in interest if you close the last day of the month or close to it (call me and I will explain). BUT how much is your time worth? Or better yet-how much is your STRESS level worth? I can guarantee that MOST closing issues are due to rushed deals such as on month-end or for FRIDAY closings. If it were me (after 20 years doing closings) I'd prefer to close the week of the 25th or so on a Wednesday. Why Wednesday? People think they have to close on Friday so they can move the next day. If there is a problem with your closing (perhaps your wire didn't come in time) then you won't fund. If you have no money, you're not getting keys! Back when I closed for a National builder, if you don't have money, you don't get keys (actually the best policy). Did they care about that $150/hour moving company idling in the cul-de-sac? NO. If you close on Wednesday, you STILL move on Friday and you also have 2 bonus days to 'fix' problems like missing wires, walk-through issues, etc.

Finally, DO check into the firm where you're 'told' to close. Are they customer-service driven like us? If not, why are you closing there??? Give us a call today and schedule YOUR closing with US!

Want to shorten the length of your mortgage? Avoid Bi-Weekly payment plans!

Some of my standard closing table banter is chatting about paying down your mortgage WITHOUT using a bi-weekly payment plan. Why not? Well, as the article suggests, you typically are charged for that 'service' and at the end of the day you won't save as much interest over the life of the loan. In simple terms, most bi-weekly offers I've ever seen typically quote 5.5 to 6.5 years interest savings. If you paid ONE extra payment per year***, you'd save greater than SEVEN years worth of interest. Why choose a bi-weekly payment plan at all?

Click HERE for the article!

***As an example, if your principal and interest payment is $1200 per year, you would pay one extra payment towards principal per year OR pay an extra $100 monthly (principal/interest payment, divided by 12)

Does Closed = Cancelled?

In my last newsletter I referenced common title problems (Click HERE to read). One common title problem is definitely Open Loan Deeds, as noted. As a consumer, however, a "closed" account doesn't always mean the same thing as "cancelled" to a dirt lawyer. As an example, if you take out one purchase loan, the lender is in first lien position. If you have a second mortgage or Home Equity Line Of Credit (HELOC) taken out/recorded after that 1st mortgage, that loan is in second lien position. Quite often banks don’t cancel out the old loans once they get paid off (first OR second), but open/leftover HELOCs seem to be the more common problem.

For example, let’s say you closed a HELOC with a local bank for $25,000. You later increased the loan to $50K for some home repairs. Then it’s time for college so you raised it again to $75K. Finally, daughter is getting married so let’s just go for an even $100K (total line of credit, hopefully NOT the wedding bill!). Add all that up—even though the bank properly shows you only have an open line for $100K within their system, the public records will show (total) liens in the amount of $250,000 on their face IF they didn’t cancel each loan on the public records! SO we would need to contact the bank and work on obtaining releases or cancellations for EACH open loan (because every one of those HELOCs were secured by a Security Deed on the public records). Not every bank is this slack; I could name names but I’ll behave. At the end of the day, unless the bank has failed or been sold off, this can be somewhat simple. Sometimes (IF you have an owner’s title policy!) the Title Underwriter allows us to ‘insure over’ an open loan deed if it does not seem that they would have a valid claim against the title but that won’t work for HELOCs due to their revolving status so be vigilant!

Another HELOC example is that of the ‘free’ equity line offered at closing, back when houses actually had equity ("hey, you’ve just taken out a mortgage with us, do you want a small equity line as well, just in case?"). That’s great; so now you have a mortgage that you pay monthly, and you never draw any funds out of that equity line and it just sits there. When you go to sell your home, the attorney’s office asks for all your open loan info. Don’t fret; you’re not the only one who forgot about that 2nd loan—even if the balance is zero, all we need is a written payoff from the lender and they typically require a few dollars as junk fees to cancel out the loan on the public records. However, sometimes people want to keep that line open—if you’re selling the house, too bad. As it’s secured by the house, it has to be cancelled in the public records or you cannot transfer clear title to the new owner. At the end of the day, it's our job to make sure your title is clean so that there are no future title issues. We appreciate your business!

Mortgage Changes for 2014

I received the following info from a realtor friend's email newsletter; thought I'd share... Happy 2014! Bo

Mortgage Changes to Know in 2014


The New Year is almost here, and with it comes a bevy of legal and regulatory changes, especially for the mortgage industry. To help potential homebuyers understand how the changes will affect their mortgage processes, Don Frommeyer, CRMS, President of NAMB (The Association of Mortgage Professionals), outlines some of the regulations set to start in January 2014.

“Since 2009, the housing market has been working to create standards and regulations that minimize the risk of another mortgage industry fiasco,” says Frommeyer. “The ability-to-repay mandate is a perfect example of this and it exemplifies how mortgage professionals are taking extra caution with every customer.”

Upcoming mortgage industry changes include:

- Ability-to-Repay Mandate: The CFPB designed this regulation to set a gold-standard for lending to ensure each and every borrower is a qualified borrower. Lenders will follow a set of guidelines to establish a consumer’s income, assets and obligations before deeming them eligible. The CFPB rules establish a standard for what the government considers a “qualified mortgage.”

- Decrease in FHA Loan Limit: The Federal Housing Administration (FHA) announced that beginning January 1, 2014, mortgages will be limited to $625,000, down from $729,750. Homebuyers looking to obtain a larger loan will have to apply for a jumbo loan, which will most likely come with a higher down payment. “For many areas of the country this change won’t be a huge issue as average home prices fall below the established limit. However, borrowers in metropolitan areas with higher average housing prices may face challenges when applying for mortgages as the 20 percent down payment associated with jumbo loans will be an enormous increase from a traditional loan’s 3.5 percent down payment,” notes Frommeyer.

- Caps on Loan Origination Fees: January 10, 2014 brings a rule for the Qualified Mortgage that points and fees on mortgages cannot exceed 3%.

- Tighter Regulations for Self-Employed: As the rules to create a QM (qualified-mortgage) take effect, people without a W-2 will face difficulty when they apply for loans. It’s more of a task for individuals to prove their debt-to-income ratio without the proper documentation, even if they have a high net-worth and perfect credit. The income is calculated bringing into play the customer write offs to reduce taxable income.

For more information, visit www.namb.org

Deed is DONE!

The last time I wrote about deeds I discussed the different forms of deeds, such as Quit-Claim Deeds, Security Deeds and Warranty Deeds. To read “Doing the Deed” click HERE. This time I’m going to discuss several issues relating to deeds.

If you own a property by yourself, it’s solely in your name. That’s a simple concept; not much to understand about that. If you own a piece of property with someone else, the specific language in that deed is very important. Let’s say a property was conveyed to Sonny and Cher (note to anyone under 40: Google them). Yep, no question about it--Sonny and Cher own their property; that’s simple enough. BUT, like all my political rants about unintended consequences, if it’s just spelled out that Sonny and Cher are the owners (with no other special language) there could be issues lurking down the road. If you’re curious, that type of deed would be called “Tenants in Common”. Put that thought on hold and let’s try another scenario.

I won’t bore you with statutes and history but years ago the Georgia legislature created another deed concept called “Joint Tenants with Right of Survivorship”. That meant that if Sonny and Cher took title as Joint Tenants, they more or less owned the entire property together—however, if either one of them passed away, the title to the entire tract would pass to the other immediately as an operation of law.

The distinction for these two deed formats is specific to the language. As noted, the Joint Tenants deed passes title immediately upon the death of one of the Joint Tenants. Contrast that with Tenants in Common—picture a big line drawn through the property. With Tenants in Common each “Tenant” owns their “half”. So if Sonny died, Cher still owns her half but now Sonny’s estate owns the other half. This may or may not be a big deal—if Sonny has a will giving everything to Cher, then she gets the entire property just like the Joint Tenants deed. The difference? With the Joint Tenants deed, Cher would have received the property ‘automatically’ upon Sonny’s death. With the Tenants in Common, Cher has to Probate the Will through the Court system or Administer the estate if there was no will. Either process involving the court will cost money and time—something that Cher may not have depending on her situation. If she received the property through the Joint Tenancy deed, she can do what she needs immediately, no waiting!
Take a look at the deed to your own house. TYPICALLY attorneys will default to creating a Joint Tenants With Rights of Survivorship for closing OR they will give you the option. If that’s your intent, great, the JTWROS deed is a useful tool. Take a look at your parents’ deed—was it an older deed that just has both of their names (Tenants in Common) OR was it just in ONE of their names? Again, through the court system, a surviving spouse will ‘eventually’ be able to receive the property BUT why put up barriers that involve time and expense?

What if you own a vacation house with another family? If by mistake the lawyers used a JTWROS deed, then if Family Dad 1 dies then Family Dad 2 would own the complete property. Most likely that won’t be an issue (e.g. will Family Dad 2 effectively kick out the heirs of Family Dad 1? He could!) but we attorneys hear all sorts of horror stories (and even within families—it’s weird how money can induce craziness into families).

What about a ‘blended’ family? Take the Brady Bunch. If Mr. Brady wanted only HIS sons to receive his interest in his property, then Tenants in Common may be the way to go for him. That way Mrs. Brady would get her share and the sons would get theirs. However, there could be a LOT of issues that could come up so you really need to think things through and PLAN with both the deed and a well-crafted Will.

One final issue to discuss is Divorce. So Sonny and Cher hit a rough patch and decide to go their own way. In the divorce decree (the ‘road map’ to the divorce, more or less a contract telling what must happen) it says Sonny will deed the house to Cher, so he does. Now Cher owns the house, right? Here’s the classic “What if” situation—what if Sonny and Cher had a loan? Well, Cher may own the house, but BOTH Sonny and Cher are tied together through the loan. Actually, look at it this way—Sonny and Cher’s CREDIT is tied together through the loan. If Sonny wants to buy his own place, he may not be able to do so until Cher pays off that loan or refinances that loan ‘solo’ (e.g. Sonny is no longer on a loan tied to the old house). Again, a simple concept, but I get calls or emails all the time relating to this. More “what if’s” for you—now let’s say Cher stops paying the mortgage; obviously her credit is trashed and she may lose the house. BUT guess whose credit is also trashed? Sonny’s, because he is still on the loan! He may never know this until he is turned down for a Home Depot credit card or something much more important like his own loan or even a job!

On a similar note, what if Cher got the house and the divorce decree actually states clearly that Cher must refinance or sell the house to get Sonny’s interest released? That is a great idea and ANY divorce attorney should make sure that is in the decree (with time limits!). BUT (there’s always a but, right??)—what if the house is ‘upside down’ and cannot be sold or refinanced? These are serious concerns with no easy answer. I just want to point out some of these issues so that you can properly plan for the future should this event happen to you.

The moral of the story? You should get thee to the file cabinet, safety deposit box or simply contact your closing attorney and find out how you hold title to your property (and again, ask your parents, grandparents or kids, etc.). At a minimum it’s best to have both spouses on title and ‘in general’ it’s best to have a Joint Tenant With Rights of Survivorship Deed. As noted, everyone’s situation is different (I didn’t even touch on tax liabilities, which I’m not really qualified to do!) so start by looking at your deed and then consult your estate planning attorney, CPA and real estate attorney to do what’s right for you!
As always, if you find some generic deed online, you’ll probably get what you pay for (meanwhile, your home is merely your most important asset but what’s $50, eh?). Likewise, I saw a will creator program at my local warehouse club for $45. All I can say is this—you may be dead, but do you want to burden your family with a ‘what if’ that comes to life due to some wacky software glitch? Let me know how I can help, either a quick review of your deed and/or revision as well as helping to craft a simple will for you that’s in line with your current situation. I’d love to help serve you! Thanks as always for reading, take care! Bo

"Doing the deed"

In real estate, you hear the word ‘deed’ a lot but sometimes it’s not clear what is being referenced. A deed conveys or transfers property from one to another, be it an entity or an individual—that is consistent for all deeds. The key is what this deed actually SAYS. Sometimes the title of the deed is clear (like “Warranty Deed” at the top of the instrument), but that could be meaningless if the internal wording is incorrect or less than an absolute warranty of title. Let’s explain…

The ‘best’ deed is a Warranty Deed. If I transfer a property to you with that, I am warranting that I own it and can freely transfer it to you. I also give you a ‘warranty’ that I will help defend that clear title (thank goodness for Owner’s Title policies!). The ‘worst’ deed is a “Quit-Claim” deed (no it is NOT a quick-claim or quick deed!). The Quitclaim deed transfers ‘whatever I own’ to you. If I am the full owner of the property, great! That means you own whatever I ‘gave’ you. What if I don’t own it? Well, if I EVER take ownership of that property down the road, then that deed more or less finally kicks in (as an example, I can deed you the Golden Gate Bridge, but you didn’t get anything because I don’t currently own that beautiful piece of living history. BUT if I ever do (somehow) own it, guess what? At that point it’s yours!)

Interested in buying a foreclosed property? A Bank takes title to the property through a “Deed Under Power”, meaning they used their power of sale embedded in the Security Deed to ‘take back’ the property when the owner defaults. (A Security Deed transfers an ownership interest to the Bank in order to Secure their interest in the property—an analogy is a car title where you and the Bank own the secured item together). Now that the Bank owns the property, they will sell it to you using a “Limited Warranty Deed” (sometimes called a “Special Warranty Deed”). There is specific language in that deed noting that they warrant and guaranty the title to the property ONLY through their time of ownership ‘forward’ in time (in other words, “we only promise to defend any claims that showed up AFTER we obtained this property).

Next time I will talk about “issues” with deeds. When I am cleaning up titles, I find a lot of unintended consequences (incorrect names, incorrect descriptions, incorrect format, etc.). One thing I will say is that you are risking a lot when you use a deed you found on the internet or some cheap office-supply form. Isn’t the ownership of your home worth the $50-150 an attorney would charge to prepare that instrument? You will hopefully decide YES once you see the next newsletter…!

As a side note, I have received various “official” notices in the mail with a very strong call to action. This call to action virtually screams that I MUST contact them and get a copy of my property deed TODAY (oh, and send them $55-85 for this important service). Here’s the deal—if you have signed any deed of conveyance, the attorney who handled this should have mailed you the original. Can’t find it? No problem! Go to your county Clerk of Superior Court (property records division) and get a copy… for FIFTY CENTS. Yep, those ‘official’ notices are a scam—legal, but still an absolute scam. Be safe out there!

Why buy owner's title insurance?

Simply stated, you need to protect yourself! Yes, this is self-serving for a real estate attorney to talk about as we earn a portion of the title fee, but read what Clark Howard has to say about the issue for third-party validation! Ditto for local real estate guru John Adams (though that article is a bit older--the need remains the same, however!)

As a real estate attorney, we have to clean up messy titles daily. From simple issues like typos, to 'medium' issues like open loan deeds; to the RIDICULOUS (such as the gentleman who owned NOTHING... give me a call and I'll explain that one). In all these cases, Owner's title is your friend and can be your protector! It's a ONE TIME purchase--every time you get a loan, your lender requires the protection--isn't that a clue that YOU should have it too?

Georgia Property Tax Appeals: SB 346

Did you know that there is a new law in Georgia as it relates to appealing your taxes? I took the 39 page bill and tried to summarize it as best I could. Suffice it to say, 39 pages down to 3 pages (single spaced at that!) means that I may have missed something. In general, however, this should give you a good 'go by' to follow. Good luck!

Summary of SB 346: Property Tax Assessment and Appeals Reform Bill of 2010
In 2010, Senate Majority Leader Chip Rogers pushed to reform property tax assessments as a result of a 2009 study committee on property taxes. The resulting Senate Bill 346 aimed to ensure that all Georgia properties were properly assessed at their true “Fair Market Value” (FMV) and set forth a clear path so that property owners have guaranteed rights to appeal. The bill had strong bi-partisan support and easily passed both the Senate (54-0) and the House (157-1) and was signed into law by the Governor last summer. The majority of the changes took affect January 1st of this year. The major changes include:
• Requirement that property owners receive an annual “Notice of Assessment”
• Guaranteed right to appeal the valuation
• Expansion of deadlines from 30 to 45 days
• The property owner ‘wins’ if the county fails to respond within 45 days
• Requirement to use ALL relevant sales for FMV, including distressed sales
• Requirement that owner receive access to all data used to determine FMV
• Sales price = FMV for following year

In years prior to the new law, how would you appeal your property taxes? If you happened to receive a “Change of Assessment Notice” it spelled out what to do. What if you just felt you paid too much in taxes the year before? You would have to know to file a form with the county’s Tax Assessor called a “Property Tax Return”. This confusing form has blanks for you to state what you felt was your property’s value as of January 1st. If the county agreed with your valuation, life is good! If they did not, you would have to appeal as if you received the Change of Assessment Notice. Regardless of how the old processes worked, it wasn’t easy to sort through-even if you happen to be a real estate professional! With that background in mind, let’s look at some of the new provisions of the law in detail.
Every year, prior to July 1st, a “Notice of Assessment” must be sent to all owners of real property. This notice has to be in a standard format statewide and will give the previous and current assessed value, an estimated tax bill (based on last year’s millage rates!) and info on how to file an appeal, including contact information for questions. If you choose to file an appeal, it must be submitted in writing—either actually received or postmarked within 45 days of the date on the Notice. It is highly recommended that you take steps to ensure that it is actually received by the county tax assessor (consider hand delivering, certified mail or overnight delivery services) as there is NO grounds for an extension of the 45 day deadline.
Why appeal? The main issue is value. Would your property sell for the amount given as assessed value? Another typical issue relates to how your home compares to others nearby. Was the appraisal uniform or similar to other properties in your neighborhood? Did you have all the exemptions you were entitled to claim? You can go to the Department of Revenue’s website to see what exemptions are offered in your county: http://www.etax.dor.ga.gov/ptd/county/index.aspx
The Notice of Assessment gives three appeal options, one of which must be chosen at the time you appeal: 1) you can go before a Board of Equalization (BOE) with an option to appeal to the Superior Court 2) Binding arbitration without the option to appeal to the Superior Court and 3) for non-homestead properties valued over $1M, you would be assigned to a hearing officer with the option of appealing to the Superior Court. There will also be a uniform form to use for your appeal. If you appeal to the BOE or Hearing Officer there are no filing costs; if you file for arbitration, the loser will pay for that process. Most people will typically choose to appeal to the BOE, so let’s take a look at that process.
So you filed a timely appeal, congratulations! The county Board of Tax Assessors (BTA) will acknowledge and review your appeal. Once a decision is made (within 180 days) you will receive a written notice. Again, if you approve of the value, you are finished! If you are still not happy, you will appeal to the BOE within 30 days after receiving your notice. If the county doesn’t respond to you within 180 days as above, your appeal automatically heads to the BOE.
The BOE is made up of 3 people and they will hear your appeal. At the end of your hearing they must give you a decision on the spot—from there you can appeal to the Superior Court within 30 days of the BOE’s decision. One thing to note—if you and the county come to an agreement on your value at any time along the way, you can choose to stop the appeals process at that time and that value appears to be fixed for three years.
What if your taxes are due in the middle of this process? You will receive a temporary bill, set at 85% of the current year’s valuation. If you win, you’ll get a refund of any overpayment—with interest! (don’t get too excited, the interest cap is $150) If you lose… well, you owe the amount due plus the interest as well (same cap).
Either party (you or the county) can appeal to the Superior Court and it’s treated like a completely new trial. You either go before a judge (a bench trial) or have a jury trial. There are costs to file the suit (currently around $200) and you may want to have an attorney. The standard of proof of the trial is called ‘preponderance of the evidence’ which more or less means that the person with the ‘best’ proof will win. If you are successful, you will have lower taxes and will receive ‘reasonable’ attorney’s fees back. If you lose, you will have the higher taxes reinstated, with interest, as above, capped at $150.
One of the other changes relates to the definition of an “arms length, bona fide sale”. The goal is to clarify “the new normal” as it relates to real estate (including short sales, foreclosures and other distressed sales). The new definition in the Georgia Code is:
“Arm’s length, bona fide sale” means a transaction which has occurred in good faith without fraud or deceit carried out by unrelated or unaffiliated parties, as by a willing buyer and a willing seller, each acting in his or her own self-interest, including but not limited to a distress sale, short sale, bank sale or sale at public auction.
What’s the big deal? Now assessors are forced to use ‘distressed’ sales when they consider values, so it’s not just the ‘full-price’ sales that are used. One bit of clarification—any sale “under power” such as a foreclosure on the courthouse steps is NOT considered arm’s length/bona fide sale since the bank is considered a related or affiliated party. When the bank turns around and sells it to someone else, yes, that is counted. What about Fair Market Value? That language has changed as well:
“Fair market value of property” means the amount a knowledgeable buyer would pay for the property and a willing seller would accept for the property at an arm’s length, bona fide sale. The income approach, if data is available, shall be considered in determining the fair market value of income-producing property. Notwithstanding any other provision of this chapter to the contrary, the transaction amount of the most recent arm’s length, bona fide sale in any year shall be the maximum allowable fair market value for the next taxable year…”
The Department of Revenue is unsure about the affects of the new language. What if the house is remodeled/repaired after the sale? Ditto for new construction added, parcel splits or even acreage added… It appears that the property will be ‘stuck’ at the lower value for at least a year! Likewise, there are questions remaining if that sales price is higher than the current “Maximum Allowed Value” (based on current tax freezes for example)—in theory the tax assessor would have to stick with the lower value.
What if you chose to file your appeal using arbitration? There are positives and negatives related to this process—the main issues relate to costs. If you file your appeal and ask for arbitration, you need to order a ‘certified appraisal’. A certified appraisal is “…an appraisal or appraisal report given, signed, and certified as such by a real property appraiser as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board.” A typical residential appraisal should cost $350-$500. Once you forward your written appeal to the County along with that certified appraisal (and filing fees) one of three things can happen: 1) they accept the value—congrats! 2) they disagree, and the appeal is forwarded to the Clerk of the Superior Court who sets up Arbitration or (the big one) 3) if the county does NOTHING (e.g. they don’t agree, disagree, or even call to say “boo”) after 45 days, then the value on your certified appraised value becomes ‘the’ value! If you do end up in arbitration and lose, then you are responsible for the costs of filing and the costs of the arbitration so you better be sure! Likewise, the arbitration is now final (e.g. no appeal to the courts!). As noted earlier, if you and the county come to a written agreement on your value at any time along the way, you can choose to stop the appeals/arbitration process.
That’s a lot of information to try to summarize! I hope that this has cleared up some of the new provisions found in SB 346. One thing to note about taxes—even though you may be able to lower your property values, the county can always raise the millage rates, which would lead to higher taxes. With that being said, most leaders are hesitant to do that and you would hear about any such changes in advance and have the opportunity to comment and be in touch with your elected officials. Regardless, good luck with your appeal! Feel free to contact me with any questions!

Top Real Estate Investor Blogs

Take a glance at this blog post for some awesome links--123Flip is a fave (and a friend) so I know this posting is true :) Kudos to J! Cheers, Bo