HomeMy WebLinkAbout1992-03-09 92-157 ORDERDate 3"9"92L„v" Item No. 92-157
Item/Subject: Adopting Statement Entitled "Tax Collections Policy
of the City of Burger"
Responsible Department Legal
Commentary:
Current economic conditions have caused an decrease. in the number
of private and bank foreclosure actions pending against properties
located in the City of Bangor. The City of Bangor- is owed property
taxes o number of such properties. The status of the City`s tax
collections efforts ins
such a mixed. In some c e have
properly recorded and foreclosedCity tax liens. In other cases, w
have foreclosed against the property owner, but not against the
bank concerned. In other cases, tax liens have not matured so as to
be rape for foreclosure.
The proposed policy would state generally what the City will require,
and to whom the City will quitclaim properties in which it has a tax
interest, when taxes remain unpaid. The policy differs somewhat
from past City practice, in that it provides that the City will
quitclaim its interest in such properties directly to the mortgage
holder, rather than the owner, inccertain circumstances.
continued on next pageyn+,,"''o�+/`'^'I'•'.''
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Manager's Comments:
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associated Information: order, Policy
Budget Approval: N ItV
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Legal Approval � �
Acting Ozy sorm„r
Iniroliuced For
Passage
First Reading
❑ Referral
Page _of_
92-157
Adopting Statement Entitled "Tax Collections Policy of the City
of Bangor"
Commentary (cont'd)
Under present practice a City quitclaim deed of tax title to a
property owner
ma
successor y have the effect, at least
technically, of wiping out subordinate bank or private mortgages.
By law, all bank or private mortgages are
subordinate to the
interest created by a matured tax lien. By authorizing issuance
of a quitclaim deed directly to the mortgage holder, the',proposed
policy would enable a foreclosing bank or other mortgage holder
to pay off the City's outstanding taxes, without putting their
mortgage at risk. In certain -case , this will help speed the City's
tax collections process.
92-15]
Amarate CwndBor Bragg March 9,1992
CITY OF BANGOR
(TITLE.) (orbera--_...................Adopting-Statement-Entitled-^max-Collections-
policy of.the City of B ngpr^,_.
By to city Cwmml of die my efBmmor
ORDERED,
TEAT
wamEAs, a recent increase in the number of bank foreclosure
actions affecting properties located in the City of Bangor has
created the need for a clear statement of the City of Bangor's tax
collection policy with respect to properties in the City of Bangor
Pending bank or private foreclosure; and
WHEREAS, the City Council of the City of Bangor finds that the
attached policy statement will facilitate the City's efforts to
collect back taxes due on such properties;
-
NOW, THEREFORE, by the City Council of the City of Bangor, be it
ORDERED,
THAT the attached statement entitled "Tax Collections Policy of the
City of Bangor" is hereby adopted as a statement of the City of
Bangor's general policy with respect to collection of taxes
assessed against properties within the City of Bangor that are
pending bank or private foreclosure actions.
In City Council March 9,1992
Passed
i C1yCer
92-15]
0ROER
Title,
Adopting Statement Entitled Tax
............. Polic...:.. the City of
Collections Policy of the City of Bangor
AsAgned to
Usameilman
92-157
Policy No.
CITY OF BANGOR
TAX COLLECTIONS POLICY
1.0 _Purpose
The purpose of this policy is to state the City's policy
regarding collection of delinquent property taxes and other
charges due on properties in the City of Bangor that are
also pending bank or private foreclosure action. This
Policy is intended to be a general statement only. Release
of the City's tax -acquired interest in any property is
subject to ratification by the City Council in any
individual case.
2.0 Policy
2.1 When the City's tax or other liens have not gone
beyond the maturity date provided by statute, and
the tax or other charge concerned is Paid by any
party, the lien concerned will be discharged in
favor of the property owner or successor. No
quitclaim dead will be issued.
2.2 when the lien concerned is beyond the statutory
maturity date, but has not been foreclosed, the
City will issue a quitclaim deed to the property
owner or successor only, following payment of the
tax or other charge concerned by any party.
2.3 If a matured lien has been foreclosed as to all
owners of the property concerned, the City will
issue a quitclaim deed to the property owner o
mortgage holder paying the tax or other charge
Before a quitclaim deed is issued to the property
owner, all outstanding City taxes and charges,
including current year assessments and non -tax
receivables owed by the property owner, must be
Paid In full.
2.4 If a matured lien has been foreclosed as to the
property owners and mortgage holders, the City
will issue a quitclaim deed only upon payment in
full of all outstanding City taxes and chargee,
including current year assessments and non -tax
receivables owed by the property owner. Once paid,
the City will issue a quitclaim deed to the property
owner or mortgage holder paying the taxes or
charges concerned.
2.5 If the City has taken possession of a property
following a tax foreclosure, the property will be
sold to the party offering the best price, to include
92-15]
payment of the taxes and chargee for which the
property was taken. The party purchasing the property
need not be a prior owner or mortgage holder.
Following such a sale, the City will issue a quitclaim
deed to the purchaser.
2.6 A quitclaim deed will not be issued under paragraphs
2.2 - 2.5 above unless approved in advance by the Bangor
City Council. Following Council approval, the City's
Quitclaim deed will he delivered to the party can-
cerned only upon payment of a $50.00 administrative
fee to the City's Tax Collector in accordance with
Council Order #85-134 passed by the Bangor City Council
on March 11, 1985. On request following payment of.the
$50.00 fee, the City's Legal Department will record the
original deed at the Penobscot Registry of Deeds at no
additional charge..
3.0 Questions
Questions relating to this policy should be directed to the
City Solicitor's Office.
Edward A. Barrett
City Manager
Council Order #
Effective Date
Anigned to Cnuneflur Bragg March 9,1992 95-55
CITY OF BANGOR
(TITLE.)yV[yeLr
------ ..............—AduPting..-Statement 'Entitled ...-'Tax"Collections ..
Policy E the.,Ctpy f B,_gog 7,-- '
By City CPunuiE e/ Me CaV ofBansei:
ORDERED,
THAT
WHEREAS,. a recent increase in the number of bank foreclosure
actions affecting properties located in the City of Bangor has
sated the need for a'clear statement of the City of Bangor's tax
collection policy with respect to properties in the City of Bangor
pending bank or private foreclosure; and
WHEREAS, the City Council of the City of Bangor finds that the
attached policy statement will facilitate the City's efforts to
collect back taxes due on such properties;
NOW, THEREFORE, by the city Council Of the City of Bangor, be it
ORDERED, - '
THAT. the attached statement entitled "Tax Collections Policy of the
City of Bangor" is hereby adopted as a statement of the City of
Bangor's general policy with respect to collection of taxes
assessed against properties within the City of Bangor that are
pending bank or private foreclosure actions.
to CuRn OM
BANGOR, MANE
MAR 10
A INi CGVY. Ai RSI
nV V
Pealed }10-92 -
4T7/trmx 3
+ 95-55
policy No. \�
CITY OF BANGOR
TM COLLECTIONS POLICY
1.0 Purpose
The purpose of this policy is to state the City's policy
regarding collection of delinquent property taxes and other
charges due on properties in the City of Bangor that are
also pending bank or private foreclosure action. This
policy is intended to be a general statement only. Release
of the City's tax -acquired interest in any property is
subject to ratification by the City Council in any
individual case.
2.0 Policy
2.1 When the City's tax or other liens have not gone
beyond the maturity date provided by statute, and
the tax or other charge concerned is paid by any
party, the lien concerned will be discharged in
favor of the property Owner or successor. No
quitclaim deed will be issued.
2.2 When the lien concerned is beyond the statutory
maturity date, but has not been foreclosed, the.
City will issue a quitclaim dead to the property
owner or successor
essor ons, following payment of the
tax or other charge concerned by any party.
2.3 If a matured lien has been foreclosed as to all
owners of the property concerned, the City will
issue a quitclaim deed to the property owner or
mortgage holder paying the tax or other charge.
Before a quitclaim deed is issued to the property
owner, ,all, outstanding City taxes and charges,
including current year assessments and non -tax
receivables owed by the property owner, must be
paid in full.
2.4 If a matured lien has been foreclosed as to the
property owners and mortgage holders, the City
will issue a quitclaim deed only upon payment in
full of all outstanding City taxes and charges,
including current year assessments and non-tax
receivables owed by the property owner. Once paid,
the City will issue a quitclaim deed to the property
owner or mortgage holder paying the taxes or
charges concerned.
2.5 If the City has taken possession of a property
following a tax foreclosure, the. property will be
sold to the party offering the .best price, to include
95-55
16
payment of the taxes and charges for which the
property was taken. The party purchasing the property
need not be a prior owner or mortgage holder.
Following such a sale, the City will issue a quitclaim
deed to the purchaser.
2.6 A quitclaim deed will not be issued under paragraphs
2.2 - 2.5 above unless approved in advance by the Bangor
City Council. Following Council approval, the City's
quitclaim deed will be delivered to the party con-
cerned only upon payment of a $50.00 administrative
fee to the City's max Collector in accordance with
Council Order 985-134 passed by the Bangor City Council
on March 11, 1985. On request following payment of the
$50.00 fee, the City's Legal Department will record the
original deed at the Penobscot Registry of needs at no
additional charge.
3.0 Questions
Questions relating to this policy should be directed to the
City Solicitor's Office.
Edward A. Barrett
City Manager
Council Order S
Effective Date
A G R E E M E N T 95-55 I �'
This is an Agreement between the City of Bangor (City) and the property
owner (Owner) concerning payment of outstanding taxes and tax liens.
Owner(s):
Address:
Tax Lien(s): Filing Date Book Page
Deed of Reference:
Property Address:
Tax Account Number:
ened Owner (if different than owner): -
Mortgage Holder:
__ ___________________ ___________________
Terms: Downpayment: $ Paid:
Monthly Payments: $
1st Payment Due Date: Monthly Due Date:
(Final payment may be more or less for interest amount collected a due)
-----------------------------------------------------------------------
WHEREAS, the City and the Owner agree that there is a tax lien filed
against the Owners property described above; and
WHEREAS, the period of redemption has or will expire on ,
and
WHEREAS, the Owner desires to retain ownership
rship of the property
e
described above and to pay the taxes d the City; and
WHEREAS, the Finance Committee of the Bangor City Council authorized
the Finance Director on November 2, 1992 to enter into payment
arrangements for owners who are unable to redeem their property before
the redemption period expires and allowing 6 months for monthly
payments,
IOW, THEREFORE, in consideration of the down payment and monthly
payments agreed to above:
the City agrees not to dispossess the Owner or sell the property
described above while this Agreement is maintained; -
the City and the Owner agree that this is a waiver of dispossession
and/or sale of the property only and not a waiver of the automatic
foreclosure under Title 36 M.R.S.A.;
that the City has not subordinated its position to any mortgage holder
or other party -in -interest concerning the property described above;
that upon completion of the payment agreement and payment of $70+' for
administrative and filing costs, the City will quitclaim its interest
created by the tax lien described above to the Owner; and -
fjTTRf NME N 1 �/
95-55
that should the Owner fail to maintain this Agreement, the City may, at �1•
its option, exercise all rights which accrue to the City due to
automatic foreclosure of the tax lien described above including the
sale of the property without additional notice to the owner, mortgage
holder or other party -in -interest.
Agreed to this
day
of
1994
For the City:
Owner:
Sohn Quartararo
Finance Director
STATE. OF MAINE
lenobscot, as. , 1994
Personally appeared the above-named and
acknowledged the foregoing instrument to be his (her) free act and
deed.
Before me,
Notary Public/AttOrney-at-Law
My Comm. Expirea:
Penobscot, as. , 1994
Personally appeared the above-named and
acknowledged the foregoing instrument to be his (her) free act and
deed.
Before me,
Notary PubliC/Attorney-at-Law
My Com. Expires:
STATE OF MAINE
Penobscot, as. , 1994
Personally appeared the above-named and
acknowledged the foregoing instrument to be his (her) free act and
deed.
Before me, -
Notary Public/Attorney-at-Law
My Comm. Expires:
*(Note: This amount applies only if payment schedule extends beyond
the tax lien maturity date stated above.)