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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101731
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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New York real estate law:a piece of property we own was

Customer Question

New York real estate law:a piece of property we own was wrongly assessed to another family member,when we presented our deed the county refused payment and demanded penalties and interest of 12 percent of us.They insist unless we pay their amount they will sell it.This doesn't sound right as they notified the wrong party.The extra is over two thousand dollars.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.

I am sorry to hear about this situation. What do you mean "wrongly assessed?" Do you mean that the county surveyor did a bad job and the land taxes has fallen unto you as "unpaid" once the correction was made? Or what exactly happened?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
The property was not assessed to us.we received no legal billing from the county,the bills were sent to our brother in law tom wear.Who had attempted to purchase the property but had no deed and never followed up.When we found out we took proof that we still had the deed and $7000 dollars in cash to the county,this was during the time limit allowed,they told us they could not except that amount and we must pay legal fees and interest.We had not been billed at all. no legal proceeding had been brought against us.we are prepared to pay in full,however think that some of these fees are unjust.
Expert:  Ely replied 1 year ago.

Thank you.

What someone in your situation wants to do is to appeal such a decision administratively. Assuming the administrative appeals run into a dead end, one can appeal to the Court via an article 78 proceeding. See HERE.

This would be the way to have a Court review the situation and strike down the fees.

Good luck.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Customer: replied 1 year ago.
I can not understand how a municipality a legal corporation in the state of New York can bill a land owner for interest and penalties , on a property they had assessed to someone else.Furthermore how they could sell such property at public auction.We are in possession of said property and have resided on it for 35 years.
Expert:  Ely replied 1 year ago.

This is hard to say without knowing the specifics. I would venture a guess that the municipality has possibly made a mistake in tax assessment and is now attempting to rectify it. This may be human or computer error, or a combination of the two. Regardless, my original answer stands - one has to administratively appeal and eventually if this does not help, file an Article 78 petition to have the Court review it.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.