Legal Blog of Thaddeus M. Bond & Associates

Tuesday, December 29, 2009

Yet Another Appellate Court Victory

For the third time this year, our firm received a favorable ruling in an appellate court matter. In this most recent case, we represented the purchaser of a tax sale certificate who was seeking title to the property for non-payment of real estate taxes. The property owner challenged the legal sufficiency of the notices served upon him notifying him of the tax sale, the last day to pay his delinquent taxes and the consequences of his failure to pay. We were able to convince the First District Appellate Court that our client's notices were legally proper. Despite errors alleged by the property owner's attorney, we successfully argued that the property owner was not mislead by the notices he received and that he suffered no harm or prejudice as a result of the deficiencies being asserted. This victory came despite recent appellate court rulings holding that tax sale notices were defective due to such errors as the failure to include superfluous digits when referring to the certificate number and for directing the property owner to a court hearing at a specific building without including the address of that building. Our two victories on behalf of tax buyers this year overcame recent case law trends which strongly favored property owners. We continue to represent both tax buyers and property owners in delinquent tax sale matters. Feel free to contact us if we can be of assistance.

posted by Ted Bond, Jr. at 10:45 AM 0 comments

Thursday, December 17, 2009

Say Merry Christmas, not Happy Holidays

Many people I have spoken to have grown tired of the politically correct practice of saying Happy Holidays instead of Merry Christmas. This time of year is a celebration of a glorious Christian holiday. Although other faiths and groups my also celebrate certain events in December, the fact remains that much of what is good about this time of year arises from the joy brought about by the recognition of the birth of Jesus Christ. As a practicing Catholic, I respect the beliefs of non-Christians and offer no direction to them on how to celebrate their holidays. The Christmas holiday should not be diminished just because we Christians are a majority group in this country. Nor should we be forced to include everyone in our celebration. Next time you are out in public, proudly say Merry Christmas to those you meet. For anyone who is offended by this salutation, lighten up. We Catholics believe in tolerance for all belief systems. All we ask is that you show us the same courtesy and respect that we show you.

posted by Ted Bond, Jr. at 12:52 PM 0 comments

Monday, December 7, 2009

Property tax assessments not the real problem

At this time of year, we hear many complaints from our homeowner and investor clients about their real estate tax assessments. Much anger and hostility is directed towards the assessor by people who believe that their property has been over valued. However, the assessor is not really the problem. For one, the assessor must base his valuation on an average of the last three years, not just the current market condition. Also, the assessed value of an individual property merely determines what portion of the tax burden you must pay to each taxing body. The only real way to get property tax reductions is to get the government to spend less. The amount each school district, village, fire district, etc., spends is determined by their tax levy. The assessed value of your home is compared with the assessed value of the other properties in the taxing district and the amount each property owner pays is then allocated based on their assessed value. Unless and until tax levies are lowered, your property tax bill will continue to increase. Property owners need to spend more time encouraging elected government officials to lower their tax levies in light of the current economy. The real anger and hostility should be directed as those whose budgets expand every year regardless of need and not at the assessor charged merely with proportioning the tax burden.

posted by Ted Bond, Jr. at 11:58 AM 0 comments

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