AbstractorPro (Real Title Services)
DRN Title Search
Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


TitleSearchBlog.com

Misleading foreclosure records
by Dave Pelligrinelli | 2009/07/20 |

It has been relatively well-known that many municipalities do not consider the sale prices on foreclosures when calculating property values, for the purpose of taxation. The position of assessors in often that these transactions are "distress sales", and do not represent the true nature of an arms-length exchange.

TitleSearchBlog.com ::

 

Recently, foreclosures have come to represent a much larger share of the volume of recorded transactions. In some cases, "foreclosure" properties sustain more than half of all sales in a municipality. When this happens, are they still "outlier" numbers, which should be discarded? It is easy to agree that a run-down, damaged property sold at a courthouse-steps auction may not bring a price representative of the true market.

However, the common practice is now that a property is taken back by a lender, reviewed by a property manager, cleaned and repaired, and then marketed through the traditional Realtor/MLS system. I'd like to hear opinions as to whether you think a property sold in this scenario should still be rejected as a market indicator for taxes.

I also just became aware of a procedure in some counties where the sale of a foreclosure property is listed in the "online" records using the historical transaction price of the original foreclosed borrower. Consider this scenario:

  • Joe Spender buys a property in 2005 for $495,000.
  •  He defaults on the mortgage, and is foreclosed.
  • The lender sells the property in 2008 to Sally Saver for $292,000.

When the property is researched using the online records, the sale shows up as:

Sally Saver, 9/25/2008, $495,000.

This would be so misleading to potential buyers in the area and other interested parties that you might not believe it could happen. Believe it. According to this Miami Herald article, the buyer even went to the trouble of contacting the records office for clarification. The article describes the event:

"Assuming it was a simple data-entry mistake, she called the county Property Appraiser's Office. It wasn't an error, she was told. Because the sale was a foreclosure, and the Property Appraiser's Office isn't recognizing foreclosure sales, the new sales price wasn't listed and the old, previous price and date remained -- with her name attached to it."

There are several issues for the title professionals to weigh in on here. First, the approach taken by the assessor. Not to be overlooked is how this affects the accuracy of the online records. (In this case the sale record only exists in the assessors records, not in the recording index. ) I'd like to hear opinions from readers, as well as other examples of this you may have seen in your area.

Dave Pelligrinelli

TitleSearchBlog.com




Rating: 

610 words | 3219 views | 5 comments | log in or register to post a comment


That is interesting...

I am surprised by the Auditor refusing to recognize the correct sales price in the records, but I can understand why they would not want to use it as a basis for calculating the taxes. The sales price at a foreclosure sale is most likely going to be less than the property's true value. Naturally, a forced sale is likely to result in a lower price than a sale on the open market with a willing buyer and willing seller. Thus, I can't really fault the Auditor for maintaining the previous valuation for tax purposes. I assume that there is a procedure to contest the value if the homeowner really believes that his home is not worth the Auditor's assessed value. 

As for incorrectly reporting the sales price, that seems irresponsible to me. It would be better policy to just leave it blank on forced sales if they do not want to report it. My concern would be that if appraisers are using these incorrect valuations for comps, it would artificially inflate the values of many homes in the area. Isn't this kinda what got us into this mess (at least part of the problem)?

 
by Robert Franco | 2009/07/21 | log in or register to post a reply

It Just Ain't Right.

At best, I can understand if the Assessor were to just ignore foreclosure sales for the purpose of assessing for taxation, for the reasons that Robert gives in his reply.  But to publish false information is just wrong. 

Dave, in your example, the date is shown as a sale in 2008 to Sally Saver with the 2005 sale amount.  Yet, your quote says that the original date and amount are posted.  If they really are posting the 2005 sale amount with the stated year of 2008, there really is no point at all to the assessor's office.  Just eliminate the office dig as far as you will into the citizens' pockets. 

I will take a closer look at what they're pulling in my area.  It is clear that the taxes have not been decreasing to any noticeable extent.

 
by Patrick Scott | 2009/07/22 | log in or register to post a reply

The Appraisers will use those sales prices in their comps

because those prices accurately reflect the price the property sold for.  Those foreclosure sales, bring down the real estate prices in the area, the more properties foreclosed on, the more values in the area drop.  That is the way it has always worked, and if an appraiser doesn't use those comps in his appraisal, he/she will lose their license.  The foreclosure properties, accurately reflect the climate of real estate all oer the country.  Tax values would follow suit.  If the previous buyer spent $500,000 on the home, was foreclosed on for not making payment, and due to property damage, lack of care, being abandoned for so long, and dropping prices, the lender sold the property for $295,000, then that is all the property is worth.  Why tax the new buyer on a higher amount?  Once the property is revamped, and the county reassesses at some point, that is the time for the tax value to increase, but only if the overall market has increased. 

 
by Lisa Dahlquist | 2009/07/27 | log in or register to post a reply

Follow the $$$$ stupid

As the old phrase goes, ........   the taxing body doesn't want to "take a hit",

even though the values are falling (here in Michigan).  Could the lady

(Sally) get a court order to correct the records, as she is somewhat

being libeled by mistatement of the selling price, not even considering

that she did NOT buy the property in 2005 as he wants to state in the

records.  How about some truth in government?????

George

 
by george Hubka | 2009/07/28 | log in or register to post a reply

Forclosures used in Appraisals

In many situations, appraisers use the 'sales comparison approach' to determine the value of the property.  In most of those situations the auction price of a forclosed property is NOT used in an appraisal.  The sale was not an 'arms length transaction' since the property was sold under duress between affiliated parties.  

Property tax offices also DO NOT recognize forclosure sale prices in their appraisals, because once again, they were not arms length transactions.  A person's individual financial situation does not alter the value of the house.

An appraiser can use what ever comps he chooses.  An appriasal is a statement of opinion and is not fact.  If he has justified reasons for using certain comps, he/she is entitled to do so.  He will not loose his license if he omits various sales transactions, as long as his reason is justified.

Forclosures affect the appraised values in other ways though.  Forclosures tend to resell at a lower rate, and those arms length transactions can be used.   The market and neighborhood analysis are strongly affected by forclosures.  Vacancies & longer times on the market are just few examples. 

Many people do not realize that it is not the forclosures driving the market prices down.  It is simply that the market is currently flooded with homes for sale of all types.  My last house, there were 2 forclosures on my street, and 13 homes for sale.  I had my house listed for over a year before I finally moved in spring of  2008. The excess supply of houses for sale, is what is driving prices down.  Combine that with the decreased demand (since fewer can get approved for mortgages) and you get a declining value in your completed sales comparisions used in the appraisal.  Without having to use a forclosure to compare sale price. 

 
by Kacy Howland | 2009/11/23 | log in or register to post a reply
TitleSearchBlog.com

TitleSearchBlog.com is read by title professionals, related industries, and the general public. The posts are intended to inform the public about the need for professional title searching, and provide the title search industry with an insight to the publics point of view.

 

Links

Recent Comments

Mr. Swirl Plumbing pump inhibits this sump from overflowing by moving that water far from home, cons...
by ammier Fox
Because Nevada is a title-theory state, an assignment of a deed of trust is a transfer  of...
by john gault
Wall Street's imperial and cavalier attitude is exactly that which creates these unintended conseq...
by Wyatt Bell
There was the ill-considered "public option for title insurance" proposal in New York that...
by Slade Smith
Slade, you have it right. It is ironic that just a few days ago I wrote this in an article: "T...
by Dave Pelligrinelli
I have said before that I have no philosophical objection to outsourcing, but I do object when we as...
by Slade Smith
I haven't been able to find any case support for this statute's proposition that any document affec...
by stevie rocker
I did a closing for a lender that had been spun off from a larger corporation, some of whose former ...
by Donald Solomon
Categories

     
    © 2020, Source of Title.