Tuesday, October 27, 2009

Nygrens to lose Florida homestead exemption

The Nygrens will lose two years of homestead exemption on their Cape Coral home, says the Office of the Lee County (Florida) Property Assessor.

In March that Assessor's office received an anonymous call that alerted them that the Nygrens might be receiving homestead exemptions in two states. The Lee County Assessor's Office contacted the McHenry County Assessor's Office to confirm the exempt status in McHenry County, and the Lee County Assessor's Office mailed an Intent to Cancel Notice to the Nygrens, informing them of the intention to cancel their homestead exemption on the Cape Coral home.

Keith Nygren contacted the Lee County Assessor's office on March 16 about the Intent to Cancel Notice he had received. And on that same date, March 16, Donna Mayberry wrote to the Lee County Property Assessor about the Nygrens' homestead exemption on their Hebron residence. (How's that for top-speed service out of the McHenry County Assessor's Office???)

That is what triggered Donna Mayberry's March 16th letter. You can read that letter on www.mchenrycountyblog.com Notice that Assessor Mayberry's letter is careful not to reference the letter from the Lee County Assessor's Office, which prompted her reply!

The Lee County Property Appraiser today wrote, "The application process in Lee County requires that, in addition to the exemption application, the exemption applicant also complete an affidavit affirming their [emphasis added] Florida residence, and acknowledging they were informed that not more than one residency based exemption be allowed any individual, or family unit. They further acknowledge they are responsible for removing other residency based tax credits/exemptions. This affidavit was signed by Margarete Mygren [sic] on 1/29/2007 under penalty of perjury."

Because the Nygrens did not request removal of the Illinois homestead exemption from their Hebron home prior to March 2009, the Lee County Assessor considers that Mrs. Nygren did not verify the exempt status "of any properties owned by either her and/or her husband."

Today's letter from the Lee County Assessor's Office continues, "Because Mrs. Nygren was informed of her responsibility in this regard, but did not remove the other exemption, she did not qualify in Lee County for tax year 2007 and 2008. Lee County will take action to remove the 2007 and 2008 homestead exemption and back tax accordingly."

So, according to the Lee County Assessor's Office, Mrs. Nygren affirmed their Florida residence on January 29, 2007. Doesn't this make them Florida residents since that date?

If Keith Nygren is a Florida resident, by virtue of his wife's applying for the homestead exemption on their home, the deed for which is in both names, then can he file a valid petition to run for the elected office of Sheriff of McHenry County?

The Daily Herald carries a photo of Keith Nygren as he filed his papers on Monday morning at 8:00AM. Did he swear (or affirm) that he is a qualified voter in McHenry County (you must be a (legal) resident to be a qualified voter)? Did he swear (or affirm) that he is legally qualified to hold the office of Sheriff of McHenry County (you must have been a resident for 30 days).

To be elected to the office of Sheriff, you must be a U.S. citizen, a resident of McHenry County for at least one year, and not be a convicted felon. Two out of three isn't quite good enough.


Curious1 said...

Makes sense that they would have to pay back the money from the years they had duplicate exemption. It's not clear on the since the paperwork was filed in March. Sounds like they have now switched the exemption to Florida and Florida is acknowledging their right to do so?

Gus said...

The Florida homestead exemption application will have to be updated. The 2009 exemption will be allowed, if Mrs. Nygren updates it and if she continues to meet the residency requirements.

Ma turnball said...

Has anyone checked to see if Mrs. Nygren voted in McHenry County since 2007 she registered to vote in Florida to qualify for the exemption?