Monday, October 26, 2009

Loophole in Fla. homestead exemption law?

Could there be a loophole in Florida homestead exemption law big enough to drive a white Chevrolet Tahoe through?

Florida law can be read online for Cape Coral at the Lee County, Florida website: http://www.leepa.org/exemption/hstd-otherexemption_info.htm

"In addition to having legal title/ownership of the property and actually permanently occupying (residing) at the property as of January 1 ** you must meet Florida residency requirements such as Driver’s License, Voter registration, Tag, Domicile, etc. as of the filing deadline (but no later than April 1) or you may not qualify for the current tax year - Please review the following information carefully.
"Applicants must hold a valid Florida Driver’s License.
"Florida vehicle license plate (tag) number is required.
"If you ARE a U.S. Citizen – provide your Lee County Florida Voter’s Registration Number or – if you do not vote - you will be required to complete and record a Declaration of Domicile.
"Proof of U.S. Citizenship may be required.
"Social Security Number is required for all applicants and the spouse of all applicants.
"Date of birth for applicant(s).
"Proof of ownership – copy of Lee County tax bill or recorded Deed to prove ownership of the property on which you are making exemption application.
"Proof that you (or your spouse) do not receive a residency based exemption or tax credit in another jurisdiction –You cannot claim a residency based homestead exemption, tax credit or rollback in any other state or county while receiving the homestead exemption in Lee County. In addition, if you are married, your spouse cannot receive exemption, tax credit or rollback in any other jurisdiction. Section 6 (b) Article VII, Fl Constitution states that not more than one exemption shall be allowed any individual or family unit. You will be asked to sign an affidavit stating that you have been informed and that you are responsible for removing any other exemption in order to qualify in Lee County."

Farther down, in the section about eligibility to file, it reads, in part, "If the property is held in title by “Tenancies by the Entireties” (husband and wife) or Joint Tenants with Right of Survivorship, only one person is required to file in order to receive 100% benefit *."

So, is it a loophole that even though the requirements are specific about driver's license, car tag and voter registration, only one person need file? Does that mean that only that one person has to meet the requirements?

Or do both people on the title have to meet the requirements, but the application for homestead exemption can be filed by just one of them?

17 comments:

Curious1 said...

So what we are saying is that 3 blogs are now all excited to have found a potential tax error where Nygren may have underpaid Florida Taxes by about 300 dollars? I really doubt that voters are going to see the grand conspiracy even if it turns out that he and his wife messed up and owe the $300. Of course we are reading much into tax law and a Florida Tax Professional may say this all is moot anyhow...

Gus said...

If that's all you see in this, look again.

Curious1 said...

Looked through all the documents again and the most I see is a possible $330 tax dispute with a potential 15% penalty if it is decided they owe that $330 disputed tax amount. I think when someone goes on such an extensive personal "jihad" as Bachmann is against Nygren sometimes something small can get overblown in importance. I certainly would not want to be a candidate for office telling the taxpayers that the allegation of a potential $300 tax mistake is a crime worthy of prosecution and resignation. Especially when reading about Florida Homestead law after a few simple google searches this is no where near as cut and dry as some are trying to make it sound.

DownByTheRiver said...

First off, Curious1, as they say on “the streets”, FU. Also, please read all the other comments under Gus’ heading, “Homestead Requirements In Florida”.

Keith and Marge’s multiple Homestead Exemptions IS NOT A MISTAKE! Unless of course, you believe both of them to be either UNEDUCATED generally, or UNEDUCATED when it come to THE LAW.

Which is it? Marge is an educator, and Keith is a lawman. And if so, why would you support them or support Keith, who would then appear to be UNEDUCATED over the law – you know, the very person who is tasked with ENFORCING THE SAME LAWS HE DOESN”T UNDERSTAND OR ACKNOWLEDGE AGAINST YOU?

Are you an abused spouse or something?

It’s one thing for you and I to view our own over-taxed status as worthy of a “fight” and consequent “cheating” or “mis-direction” when we choose to “mix it up” with THE MAN. Fine, I’m a Libertarian, and I’m with you on that!

Only one problem Curious1 – Nygren IS “THE MAN”.

Gosh! I’ve been looking for a “submissive” for playtime! LOL!

DBTR

Curious1 said...

And of course if anyone would have bothered calling the McHenry County supervisor of assessments before running with only part of the facts, they would have apparently found out this error was already corrected early this year and communicated to both states assessors in question. Of course it's completely possible this was already known by the original accuser but facts never got in the way of a good personal vendetta.

Curious1 said...

DBTR, please catch up on the facts. The error was caught and the duplicated Homestead exemption was removed early this year. Your "source" did not catch anything that the Nygren's already had not resolved with both assessors already. Kind of takes the conspiracy edge off when they had openly communicated about and resolved the error over half a year before you "caught them"

Gus said...

Curious1, what was resolved? Which homestead exemption went away? Hebron? Cape Coral?

And what do you know about how it was "caught"?

Homestead exemptions aren't just doled out. They are applied for!

You think a form just happened to blow down the waterway and land on the dock in Cape Coral?

Curious1 said...

Sorry just don't see the grand conspiracy to rip the citizens of McHenry County out of their tax money. In fact as I am now understanding it, they actually changed their taxes to pay more property taxes in McHenry County and less on the Florida property. Just seems odd that critics would seem to want to say that they should take the extra exemption here and pay less taxes in McHenry County because that would somehow be better for us? Is it really better for the County for them to pay less taxes here or are some just looking for anything to be critical about?

Gus said...

Curious1, are you saying that the Nygrens gave up their homestead exemption on their Hebron home in McHenry County?

Gus said...

Curious1, according to the McHenry County Treasurer's office today, the homestead exemption does exist on the Hebron property, PIN 03-08-453-016.

Gus said...

Curious1, according to the friendly folks today in the sunny state of Florida, Lee County, the homestead exemption on the Nygrens' home in Cape Coral is still active.

David J. Bachmann said...

Gus, save yourself some stress. Curious1 has her head so far up Nygren's arss... she cant breath fresh air..

Dumb as a box of rocks!

I think Im going to take the next 2 years off paying my taxes, then go run to my buddies at the IRS and say, Oh, I didnt mean to 'forget' for the past two years.

Admitted he made a 'mistake?' LOL LOL

Curious, I have some land in Florida I'd like to sell ya!lol

I like you better as JustAsking...lol

See ya!

DownByTheRiver said...

Curious1 Said:

>>>> DBTR, please catch up on the facts. The error was caught and the duplicated Homestead exemption was removed early this year. Your "source" did not catch anything that the Nygren's already had not resolved with both assessors already. Kind of takes the conspiracy edge off when they had openly communicated about and resolved the error over half a year before you "caught them"

Let’s catch up then, shall we? You need to ask HOW they caught up with this. Due to the Nygrens’ efforts? I THINK NOT. OK, so they got “caught”. And since they got “caught”, everything’s OK now? NOT! What of the two previous tax years involved? What did the Nygrens’ then learn? It’s OK and profitable UNTIL you get caught? Again, either they were conniving, or they were stupid. One or the other. And is EITHER state of mind on their part deserving of your continued support? So Keith’s official motto then, is that it’s OK unless you get caught? Is that his campaign slogan for next year?

Keith Nygren for Sheriff – “It’s all OK unless you get caught”! Yes, I want you to leave yourself open to extortion. Yes, when I bust you, it was all OK until I snapped on the cuffs! Good lesson for all our kids, too!

It’s not a lesson of ANY sort – first they cheated US (or another County). They cheated ALL other taxpayers, wherever they may be. Unless of course, Curious1, the taxpayers of Lee County are NOT us, and deserve our scorn. If that’s the case, then you’re probably the type to believe our politicians when they are raising your taxes, that you would infer that “someone else’s pocket will pay for this”! I hate to break it to you Curious1 – “we” ARE “us” – wherever “we” are.

>>>> Sorry just don't see the grand conspiracy to rip the citizens of McHenry County out of their tax money.

Because it hasn’t happened. So if it’s in Lee County, Florida, it’s OK then?

>>>> In fact as I am now understanding it, they actually changed their taxes to pay more property taxes in McHenry County and less on the Florida property.

Again, get a clue. It should be more to Lee County, Florida. If not, Keith is ineligible to run in THIS county. Get your facts straight. Comprehend. I know it’s hard…….. Pay attention doofus! They still pay the same here. If what you are saying is correct, they are now paying more in Lee County. If they were paying less in Lee, then Keithy Baby would not be a legitimate resident of McHenry County, and would thus be ineligible to be elected to the Office of Sheriff here! DUH! He is probably only maintaining the Hebron residence so he can be re-elected! It’s a “business” expense for him now – no more, no less. GOD, get a clue, would you?

DownByTheRiver said...

>>>> Just seems odd that critics would seem to want to say that they should take the extra exemption here and pay less taxes in McHenry County because that would somehow be better for us?

No one said that! IF Keith is a resident of McHenry County then he deserves a Homestead Exemption in McHenry County, just like you or I. He was already taking that here! Unless of course he’s taking an exemption in Florida OR Wisconsin? Which is it? Where is his domicile?

Plus, Curious1, you conveniently forget that he has also blown his loan agreement with the bank. And what is “the bank”? Why, it is you and I and all the other depositors. Again, lost interest and income for you and I if his mortgage application if fraudulent – either locally, or through Obama, Inc.

>>>> Is it really better for the County for them to pay less taxes here or are some just looking for anything to be critical about?

Being critical for the sake of being critical is stupid. IF being critical about legal niceties in regards to the LEADING LAW ENFORCEMENT OFFICIAL in the whole damn County is merely being “critical”, then go ahead and live in a totalitarian society.

Sigh! You missed your calling - you would have been a nice little East German proletariat!

Ooooops! I guess we live in your model society now, likely thanks to you and your ilk!

DBTR

DownByTheRiver said...

Yes, Curious1 is correct – a “Certificate of Error” has been issued!!!!!

Go to Cal’s McHenry County Blog to read this official “Certificate of Error” letter generated by Ms. Mayberry, the “Chief Assessment Officer” of McHenry County Illinois.

The Letter:

http://2.bp.blogspot.com/_SCfwBkF65oY/SuW58HYaLUI/AAAAAAAARRo/x_4xIaC_Wg0/s1600-h/Nygrenn+Homstead+Exemption+Letter++from+Mayberry+3-16-9.png

The Blog:

http://mchenrycountyblog.com/2009/10/26/nygren-florida-home-has-homestead-exemption-%e2%80%93-part-4/

Oh GOSH! If Ms. Mayberry, the Chief Assessment Officer of the McHenry County Assessor’s Office, due to exigent circumstances, feels it is right and correct to rescind Nygren’s Homestead Exemption, from the one and only residence listed for the good Sheriff in McHenry County, what are the legal implications re: his residency?
If Ms. Mayberry feels there is enough evidence to believe that he IS NOT a resident of McHenry County, then how can Keith run for McHenry County Sheriff without being able to convince any of us that he is a legal resident of McHenry County?

Tsk, tsk, Keith! Is all of this trouble worth the few hundred dollars you wish to scam? So sorry your real estate portfolio has plummeted! My stocks have done the same, but I’ve not looked at the County taxpayers of ANY County as being willing to help foot my losses. Guess you’re special or something!

DBTR

DownByTheRiver said...

Gus –

There is no loophole. That is, if words mean things.

There are TWO SEPARATE ISSUES involved here.

1) In the first, the relevant Florida Law you’ve posted here regarding whether or not someone can validly claim a Homestead Exemption in Florida is valid, and is the law. Under that plain language alone, and based on David’s and Cal’s information provided on their own sites, and this website; neither Marge or Keith can claim a valid domicile in Florida. The law as written clarifies under what circumstances such exemption can be legally claimed, with which whose strictures their day-to-day legal realities DO NOT agree. This law and these statements STAND ALONE. Such requirements stand on their own merits before applying ANY other part of the statute. Further, seeing Marge’s particulars as published on all of these sites as a registered McHenry County voter, etc; it’s obvious SHE cannot qualify at this time for an exemption, thus, their Florida exemption is in error, and illegal. Only poor ol’ Keith is the one that needs to establish residency here in order to run again as Sheriff!

2) Second, the additional statute you reference ONLY applies to the ability of any one spouse to have the authority to simply APPLY for a Homestead Exemption in Lee County, Florida. Only one spouse, or in this case, Marge; is allowed by statute to apply for this status without Keith’s knowledge or assent. Yet, regardless of her allowed ability to do so unilaterally, her bid for an Exemption in Lee County Florida is still subject to her ability to meet the general legal requirements as outlined in the your initial posting of the law as written. And she DOES NOT qualify. Get ready Marge, Keith is gonna try to blame it all on you! Stand by your man!

Perhaps Keith might wish to “qualify” – however, the only problem is that he needs to be a legal resident of McHenry County in order to run for the Office of Sheriff in McHenry County! Darn it!

And now this is compounded by the fact that Ms. Mayberry, and official of McHenry County, feels that based on the facts presented her, can no longer certify poor ol’ Keith as a resident of McHenry County!!!!!

Poor Keith!!!!! Let’s see him try to run now on having been ignorant or uneducated.

Because the only other explanation left is that he simply got caught violating THE LAW, you know, the whole thing that’s supposed to be his forte! If Marge can look out for herself, I hope there’s not a dog or cat in the home!

DBTR

DownByTheRiver said...

Gus –

There is no loophole. That is, if words mean things.

There are TWO SEPARATE ISSUES involved here.

1) In the first, the relevant Florida Law you’ve posted here regarding whether or not someone can validly claim a Homestead Exemption in Florida is valid, and is the law. Under that plain language alone, and based on David’s and Cal’s information provided on their own sites, and this website; neither Marge or Keith can claim a valid domicile in Florida. The law as written clarifies under what circumstances such exemption can be legally claimed, with which whose strictures their day-to-day legal realities DO NOT agree. This law and these statements STAND ALONE. Such requirements stand on their own merits before applying ANY other part of the statute. Further, seeing Marge’s particulars as published on all of these sites as a registered McHenry County voter, etc; it’s obvious SHE cannot qualify at this time for an exemption, thus, their Florida exemption is in error, and illegal. Only poor ol’ Keith is the one that needs to establish residency here in order to run again as Sheriff!

2) Second, the additional statute you reference ONLY applies to the ability of any one spouse to have the authority to simply APPLY for a Homestead Exemption in Lee County, Florida. Only one spouse, or in this case, Marge; is allowed by statute to apply for this status without Keith’s knowledge or assent. Yet, regardless of her allowed ability to do so unilaterally, her bid for an Exemption in Lee County Florida is still subject to her ability to meet the general legal requirements as outlined in the your initial posting of the law as written. And she DOES NOT qualify. Get ready Marge, Keith is gonna try to blame it all on you! Stand by your man!

Perhaps Keith might wish to “qualify” – however, the only problem is that he needs to be a legal resident of McHenry County in order to run for the Office of Sheriff in McHenry County! Darn it!

And now this is compounded by the fact that Ms. Mayberry, and official of McHenry County, feels that based on the facts presented her, can no longer certify poor ol’ Keith as a resident of McHenry County!!!!!

Poor Keith!!!!! Let’s see him try to run now on having been ignorant or uneducated.

Because the only other explanation left is that he simply got caught violating THE LAW, you know, the whole thing that’s supposed to be his forte! If Marge can look out for herself, I hope there’s not a dog or cat in the home!

DBTR