Understanding property tax assessments in Montgomery County MD

It’s the time of year when property tax bills are issued to home owners. And understanding property tax assessments can be confusing. A common question among home owners and home buyers is, “how are property taxes calculated, and what is the money used for?”

Understanding property tax assessments

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Information about property assessments and taxation is conveniently posted on the internet by the Maryland Department of Taxation and Assessments (www.dat.state.md.us) and the Montgomery County Department of Finance (www.montgomerycountymd.gov). There are two factors that determine your property tax bill, the property assessment and the property tax rate.

According to the Maryland Department of Taxation and Assessments (MDTA), “Properties are reassessed once every three years and property owners are notified of any change in their assessment. Assessments are certified by the Department to local governments where they are converted into property tax bills by applying the appropriate property tax rates.”

Because Maryland does not impose any restrictions or limitations, property tax rates vary throughout the State. This means that counties and cities are free to set the rates needed to fund government services. According to the Montgomery County Department of Finance, “The real property tax rate, which is set each year by the County Council, is an ad valorem tax, meaning it is applied to the assessed value of the property. The fully phased-in assessed value equals the full cash value of the property…”

The total tax rate is a combination of the State, county, and (for some home owners) municipal tax rates. The rate is typically expressed in dollar amount per $100 of assessment; the MDTA gives this example to understand how property tax rates are expressed, “for a property with a fair market value of $100,000 the property taxes would be calculated by dividing the assessment by 100 and multiplying the product by the property tax rate. Using an overall tax rate of $1.08 per $100 for this example ($1.00 local property tax plus $.08 state property tax), the amount of property taxes due would be calculated: $100,000 divided by 100 times $1.08 or $1,080.00.”

The MDTA explains, “The property tax is primarily a local government revenue. Counties and cities depend on the property tax and a portion of the income tax to make up their budgets.” Montgomery County levies a general tax to fund basic services, such as police, elementary and secondary education, the community college, transportation, health and social services, and libraries. Additional county taxes are levied to fund public transportation, fire and rescue services, and acquisitions by the Maryland-National Capital Park and Planning Commission. Seven additional county taxes are also levied on residents in “specially defined areas.”

If you disagree with your property assessment, you can appeal it by following the instructions provided by the MDTA. The assessment notice has an appeal form, which must be filed within 45 days of the date on the notice (a home buyer has 60 days from the date of property transfer to appeal the property tax by submitting an appeal of the property value, but only if the transfer of the property occurs after January 1st and before the next taxable year).

Know your rights throughout the property assessment and appeal process; SDAT provides  “Property Owner’s Bill of Rights”   (https://dat.maryland.gov/realproperty/Pages/Bill-of-Rights.aspx) to summarize sections of the Tax-Property Article which deal with appeals, assessment notification, and public information.

Original published at https://dankrell.com/blog/2012/06/13/understanding-property-tax-assessments-in-montgomery-county-md/

By Dan Krell
Copyright © 2012

This article is not intended to provide nor should it be relied upon for legal and financial advice.  Using this article without permission is a violation of copyright laws.

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Attitudes towards business and the housing market

Everyone seems to be fixated on resolving the housing market through direct intervention. However, it is increasingly apparent that people are forgetting the symbiotic economic system that housing belongs. Even local attitudes towards business may affect local housing markets.

First let’s consider housing data reported for October 2011 by Real Estate Business Intelligence, LLC and Metropolitan Regional Information Systems (MRIS), which indicates that sold prices for homes in Montgomery County decreased 3.2% compared to September 2011 and decreased 6.5% compared to October 2010 (the same time last year). And although sold prices for homes in Loudon and Fairfax counties decreased from October 2011 compared to the previous month, the median sold price for these two Virginia counties increased compared to October 2010 (an increase of 2.5% and 2.3% respectively).

Maybe Donald Trump knows something we don’t; the high profile real estate investor purchased a Loudon County golf course in 2009, and more recently a Charlottesville winery.

Next consider that some high profile companies have been making their preferences clear, as they choose Virginia over Maryland. Anita Kumar reported in her October 27th Washington Post blog (McDonnell, pursuing Lockheed Martin, says Maryland is less friendly to business) that Maryland has lost two defense contractors to Virginia. And recently, Virginia is trying to persuade Lockheed Martin (one of Montgomery County’s largest employers) to move there too; this courtship became widely publicized after a brouhaha erupted when the Montgomery County Council considered passing a resolution asking Congress to cut defense spending in favor of social spending. Additionally, Steve Contorno of the Washington Examiner reported just last week (McDonnell woos Bechtel Corp. away from Maryland; 11/17/2011) that the “International construction and engineering giant Bechtel Corporation” will move its global operations headquarters from Frederick to Reston.

Another consideration is the demographic change in Montgomery County, which may be one of the main reasons for big-box retailer Wal-Mart wanting to expand within the county. Reported by Carol Morello and Ted Mellnik of the Washington Post (Incomes fall in Montgomery and Fairfax counties; September 22, 2011), the once considered “posh” county now has a lower median income than Prince William County, VA, which is home to Potomac Mills Outlet Mall.

As the housing solution continues to elude many, along comes the National Association of Realtors (realtor.org) publicizing a “2011 Five Point Housing Solutions Plan.” The plan is a result of a policy meeting (New Solutions for America’s Housing Crisis ) conducted by the Progressive Policy Institute (progressivepolicy.org) and Economic Policies for the 21st Century (economics21.org).

Looking more like a “five point housing suggestion,” NAR’s plan offers these recommendations: 1) Not to weaken housing any further; 2) Support communities by reducing foreclosures; 3) Open mortgage markets to “foster new demand among responsible homebuyers”; 4) Support for a secondary mortgage market with government participation; and 5) A call for a national housing summit to “articulate a new housing policy.”

Much like a doctor’s patient seeking pain relief caused by a systemic problem, housing relief through direct intervention may only be temporary. Although some have found the solution to a faltering housing market and other economic ailments tied to jobs, others continue to be confounded by the issue.

This article is not intended to provide nor should it be relied upon for legal and financial advice. Using this article without permission is a violation of copyright laws.

by Dan Krell. Copyright © 2011

"Snowmageddon" is over, now waiting for "Snowzilla" to arrive

by Dan Krell © 2010

The good news is that the historic blizzard of 2010 (A.K.A. “Snowmageddon”) is now officially over. The unfortunate news is that the weather service issued additional snow amounts of 12″ to 24″ due to begin tomorrow evening. Forget the recession, this years snow has probably affected more home buyers than anything else. Since open houses and home showings are postponed for better weather, enjoy these photos from a blizzard of many names.
Snowing…
Early morning about 6am, another eight to ten hours to go!

Still snowing…
Here comes “Mr. Plow”… but still snowingSnow eventially stops leaving this…

Maryland Foreclosure Resources: Help with mortgage problems

by Dan Krell
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Daily reports of increasing unemployment, shrinking GNP, and increasing government deficits leave many worried about the economy. But it’s not just the economy; people are concerned about their jobs and finances as well. Needless to say, many are worried about losing their home.

The initial foreclosure wave we endured was mostly due to those home owners who had exotic and questionable mortgages. However, the next foreclosure wave, which has already started, will also see an increased number of home owners who are casualties of a deteriorating economy.

The Federal Government has taken steps to create programs and initiatives to assist those who can no longer afford their mortgage or are already in foreclosure. Among the initiatives taken by the Bush Administration and congress include refinancing options for those in foreclosure through FHA (HUD.gov) and the creation of the Hope Now program (hopenow.com), which is a collaboration of HUD and mortgage lenders to provide foreclosure prevention assistance and loan modifications.

Local officials have also been busy to address the foreclosure problem. Local initiatives include partnerships with federal programs, such as the Maryland Hope Now program. Additionally, collaboration with non-profit organizations includes the Homeownership Preservation Foundation (995hope.org). These programs offer home ownership counseling and assist in dialoguing with your lender to facilitate a solution (such as a loan modification or short sale).

Additional state resources include the Lifeline Refinance Program offered through the Maryland Department of Housing and Community Development (mdhousing.org/Lifeline). The refinance loan program is described as assisting those who may be facing “unfavorable” mortgage situations. The program requires good credit and a mortgage in good standing, so if you are already delinquent they may recommend seeking other solutions.

In Montgomery County, County Executive Isiah Leggett and the county counsel have made funds available for additional housing counseling through the Latino Economic Development Corporation and Home Free USA (both non-profit organizations). Another local program is the Bridge to Hope program, which is a short term loan (up to $15,000) to assist home owners who need a financial “bridge” during an uncertain time. More information can be obtained from the Montgomery County government (montgomerycountymd.gov).

Recent additions to local foreclosure relief efforts include Governor O’Malley’s new initiative (announced November 7th) with mortgage lenders and servicers. The program reportedly includes such companies as HSBC, Ocwen, GMAC, ResCap, Litton Loan Servicing, AmeriNational Community Services and Citi Mortgage. The plan is highlighted in five points that includes: adhering to timelines for loss mitigation (which may include short sales); designating a network of employees for Maryland residents, called “Team Maryland;” participation of collection and reporting of data to facilitate the loss mitigation process; creating loan modification guidelines; and participation in community outreach.
Even though government foreclosure relief programs exist, many home owners are unaware of these resources. Additionally, the emotional toll of facing foreclosure can leave home owners feeling helpless and without hope (especially when their lenders have turned them away). If you know you may be nearing financial challenges that may affect your ability to pay your mortgage, contact one of these resources as soon as possible; if you know someone who may be facing foreclosure, please help them by providing the foreclosure relief information. Be proactive by contacting your lender as well as contacting one of the local approved foreclosure relief programs.

This article is not intended to provide nor should it be relied upon for legal and financial advice. This article was originally published in the Montgomery County Sentinel the week of November 10, 2008. Copyright © 2008 Dan Krell.

Is Your HOA Out of Control?

by Dan Krell © 2008
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If you live in a common ownership community (such as homeowners association, condo association, or cooperative) you may have experienced a confrontation with your community management company or board of directors. Disputes between home owners and their association boards and/or community management companies often arise out of miscommunication, poor communication, and sometimes sheer pride. Unfortunately, disputes can get out of hand when the parties are committed in being “correct” rather than being committed to resolution.

Many times, home owners are confronted by their community’s management company and/or board members because of violations of the community’s Covenants, Conditions, and Restrictions convents and regulations (also known as governing documents). The community is usually within their right as long as the compliance “requests” are communicated within the legal and governing documents guidelines. Usually compliance with the governing documents is not an issue as most residents act in accordance within their community guidelines. However, other home owners attempt to fight their communities through escalation, which usually ends up in court. If the association acts within its governing documents as well as legal guidelines, the court will usually rule in favor of the association.

Sometimes, frivolous laws suits are filed by disgruntled home owners, whom have personal disagreements and disputes with their board members or the community management company. The courts typically do not look kindly on frivolous law suits and will usually award the common ownership community with remuneration of their attorney’s fees.

However, what happens if your common ownership community does not act within the law and/or the governing documents? There is no shortage of stories of abuse and corruption within community management companies and community directors. According to the American Homeowners Resource Center (AHRC.com) and the Maryland Homeowners Association (Marylandhomeownersassociation.org), community home owners have legal rights that should not be violated. The Maryland Homeowners Association cites the Code of Maryland as the source for local home owner rights. The ongoing potential for abuse and corruption within common ownership communities was underscored when the State legislature created the Task Force on Common Ownership Communities in 2005 to look into the problem. The Task Force’s recommendations (published in 2006) include dispute resolution models that were modeled after the Montgomery County Commission on Common Ownership Communities.

The Montgomery County Commission on Common Ownership Communities (housed within the Montgomery County Office of Consumer Protection) was established in 1991 and is committed to providing owners, tenants, residents, boards of directors, and community management companies with information, assistance, and impartial dispute resolution programs. The CCOC provides these services to the public with integrity, transparency, and a commitment to the highest ethical standards.

An additional resource for home owners is the Maryland’s Attorney General’s office of Consumer Protection. The OAG has been authorized to enforce the Maryland Condominium Act, and as of 2007 the office is authorized to enforce the Maryland Homeowners Association Act (as a result of the Task Force on Common Ownership Communities).

Responsible community management is not a one sided affair, nor should it be evaded. Unfortunately, everyone will not agree all the time and disputes will arise. Fortunately, neutral resources exist to help community management companies, boards of directors and home owners work out a resolution before things get out of hand.

This article is not intended to provide nor should it be relied upon for legal and financial advice. Copyright © 2008 Dan Krell.

Originally published at https://dankrell.com/blog/2008/07/16/is-your-hoa-out-of-control-association-disputes-can-be-resolved/