GBI investigates improper homestead exemption

A Twiggs County commissioner allegedly attempted to "transfer" his disabled veterans exemption onto a house occupied by his son.  It is also alleged that he told a relative in the tax assessors office to make the change.  The Georgia Bureau of Investigation is looking into the case.

The disabled veterans property tax break is a statewide exemption available to a homeowner for their primary residence if they are considered 100 percent disabled by the federal Department of Veterans Affairs (VA).  Commissioner Tommie Lee Bryant is also accused of receiving the exemption for 20 years although he is considered 60 percent disabled.

During a Georgia Association of Tax Commissioners conference a couple of years ago, I heard a speaker from the Georgia Department of Veterans Service who argued that veterans who are compensated at a 100 percent level in terms of their benefits should also be granted the disabled veterans homestead exemption, even if they are not considered 100 percent disabled by the VA.  I think that is an appropriate standard if the applicant can document that he or she is being compensated at a 100 percent level.  From the news reports, it is difficult to tell whether or not Commissioner Bryant has that documentation.

I was somewhat surprised that the state has become involved in what looks at first glance to be an administrative question about property tax exemption eligibility.  However, using one's authority as a public official and influencing a relative to make the change probably escalated this case beyond the basic eligibility question.

DeKalb provides deed alert system

The DeKalb County superior court clerk’s real estate office records all deeds in the county. According to the real estate division’s website, they receive and process over 120,000 documents a year. Given that volume, it is understandable that sometimes the right information may not be recorded, either due to an honest mistake by the person or entity filing the document or the person processing it, or due to something more sinister.

In 2014, the superior court clerk Debra DeBerry launched a property fraud registry alert system. The clerk’s office says, “The system is designed to provide property owners with the ability to register properties and receive notice anytime something is recorded on their property.” WSB-TV reported that it was the first real estate fraud alert system in the state. WSB also reported that DeKalb County has been “at the center” of house stealing schemes in Georgia.

Late last year, The Wall Street Journal reported that deed fraud is on the rise. They reported that “Investors who own several properties are especially vulnerable, prosecutors said, as they are less likely to notice if someone moves into a home they don’t visit regularly.” A booming real estate market can also tempt fraudsters.

DeKalb’s fraud registry seems like a good system for making property owners aware of documents filed involving their property. In my role with property taxes, I have observed several instances where it would have been helpful to receive an alert about a filing on particular properties.

You can sign up for the registry here.

Home scam warning

Alabama officials are warning home owners about an Atlanta-headquartered shingle company.  This is reminscent of roofing scams that Attorney General Thurbert Baker warned DeKalb seniors about during this year's Scam Jam at the Decatur Active Living Center.  Baker said that somebody claiming to be a roofer will drop by an older person's home, tell them they have loose shingles, get up on the roof for a while without doing actual work, then come back down and demand payment. 

From WAFF News on Aug. 19:

HUNTSVILLE, AL (WAFF) - During the past month, the Better Business Bureau of North Alabama has been issuing statements concerning calls to their office regarding American Shingle, a company that was headquartered in Atlanta, GA with a local office in Huntsville (American Shingle & Siding of Alabama) and more than 20 other cities.

The company's employees had been going door-to-door in several parts of North Alabama, offering to provide free roof inspections and working with the resident's insurance company to approve roofing jobs. In each call to the BBB, the homeowners who had roof damage reported that they had been asked to provide part or all of their insurance money to the company before the roof replacement job would be placed on the company's schedule.

After payment was made and the consumer waited 4-6 weeks for their new roof, as indicated by salespeople, they would receive a notice stating that the company needed to delay the roofing job by an additional 4-6 weeks, pushing some jobs into late August or even late September. Consumers began to question if the company intended to repair/replace their roof, or just keep the insurance money that had been provided.

The rest of the story is available here.  The company does not appear to have offered services to Atlanta-area residents.  However, Georgia is often ranked as one of the top 10 states for mortgage schemes and other property related fraud.

Avoid assessment scams

The World Elder Abuse Awareness Day Scam Jam 2010 takes place today at the Decatur Active Living Center (231 Sycamore Street). The DeKalb County TRIAD event will provide information about scams and fraud to seniors.

Although property tax scams are somewhat rare, property owners should still be aware of recent developments in other states.

In March, Oregon property owners were flooded with solicitations to send in $189 fee to get your property taxes lowered. The letters were made to look like official government documents but were fake. The attorney general of Oregon issued a fraud alert to state residents. Fraudulent letters were also sent to cities in California in late 2009.

Although we have not heard of fraud like this recently in Georgia, we are likely to see an increase in the number of owners trying to appeal their taxes in 2011 because of assessment reform enacted by the state legislature. The new law will allow any property owner in Georgia to appeal their assessed value every year.

The new Georgia law may also result in an increase in the number of companies and consultants saying that they’ll help you file your appeal and reduce your assessment. While some of them may be true, be careful. Just remember:

• You can file your own appeal for free
• No government office in Georgia charges you a “service fee” to lower your assessment.
• When in doubt, call. The City of Decatur tax office can be reached at 404-370-4100, and the DeKalb County tax commissioner’s number is 404-371-2000.

The city tax office will have a booth at the Scam Jam with information about homestead exemptions for the elderly.