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September 29, 1996|By Paul Gereffi, Appropriate To The Sentinel

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Thousands of homeowners throughout Florida who accept removed names from their accomplishments in the accomplished bristles years and haven’t paid added documentary brand taxes – as appropriate by a abstruse law – are actuality targeted by a accompaniment agency.

The accompaniment Department of Revenue has assassin 266 auditors to go over every accomplishment recorded as far aback as bristles years – which is the Statute of Limitations – at anniversary canton courthouse. Homeowners who didn’t pay the tax aback the accomplishment changes took abode will accept belletrist ambitious payment, additional absorption and penalties. The accompaniment expects to compensate millions of dollars.

FOR THE RECORD – ***************** CORRECTION PUBLISHED OCTOBER 16, 1996 ******************The Homes area on Sept. 29 afield appear that the Florida Department of Revenue had assassin 266 auditors to antithesis documentary-stamp taxes that were not calm aback accomplishments were changed. Donna O’Neal, a backer for the Department of Revenue in Tallahassee, said the bureau has not accomplished a appropriate affairs to aggregate the tax.The commodity additionally afield said homeowners could acquisition out how abundant tax they had paid by blockage a DR-219 anatomy at the canton courthouse. Carol Foglesong, abettor Orange Canton comptroller, said homeowners can appointment their county’s comptroller’s or clerk’s offices and attending up their accomplishments on microfilm to acquisition out how abundant they paid.*****************************************************************************

FOR THE RECORD – ***************** CORRECTION PUBLISHED OCTOBER 16, 1996 ******************The Homes area on Sept. 29 afield appear that the Florida Department of Revenue had assassin 266 auditors to antithesis documentary-stamp taxes that were not calm aback accomplishments were changed. Donna O’Neal, a backer for the Department of Revenue in Tallahassee, said the bureau has not accomplished a appropriate affairs to aggregate the tax.The commodity additionally afield said homeowners could acquisition out how abundant tax they had paid by blockage a DR-219 anatomy at the canton courthouse. Carol Foglesong, abettor Orange Canton comptroller, said homeowners can appointment their county’s comptroller’s or clerk’s offices and attending up their accomplishments on microfilm to acquisition out how abundant they paid.*****************************************************************************

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Meanwhile, a Miami homeowner who was answerable the taxes aback she afflicted her accomplishment afterwards a annulment in 1994 filed a clothing adjoin the accompaniment and won in January. The accompaniment is ambrosial a Dade Canton judge’s decision, but the homeowner, Nariela Bauta, has been aing by hundreds of added taxpayers in a chic activity clothing adjoin the accompaniment charging that the tax is unfair.

Ervin Gonzalez, the Miami advocate administration the suit, said the accommodation could affect as abounding as 400,000 taxpayers statewide.

The accompaniment imposed the tax six years ago, but abounding absolute acreage professionals who draw up closing statements are not acquainted of it. The tax applies to bodies who, aback costs or refinancing a home, booty a name off a deed. In a divorce, for example, the tax becomes due aback a abode is transferred from one ex-spouse to another.

”This tax should accept been calm at closings or aback accomplishments are recorded at the bounded courthouse aback July 1 of 1990,” said Bill Stanley of the Florida Department of Revenue in Tallahassee. ”But in abounding cases, the appellation company, or whoever closes the accommodation and fills out the forms, haven’t been accomplishing it.”

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On any transaction in which a accomplishment alteration took place, the accompaniment is charging a tax of 70 cents per $100 of the mortgage owed. On a home with a $100,000 mortgage balance, for example, the tax would be $700.

In accession to the tax, owners could be adjourned penalties of 50 percent or added on the contributed tax. Absorption of 1 percent a month, prorated daily, additionally is charged.

On that $100,000 mortgage, the amends would be $350, and the interest, if the transaction were bristles years ago, would be $420, for a absolute tax bill of $1,470. Nonpayment of the tax could aftereffect in a tax affirmation actuality placed on the home.

This could appear as a abundant shock to best homeowners who already accept paid a doc brand tax aback they bought or refinanced their property.

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Richard Flynn of Sanford had to pay $500.50 aback he accustomed his abode from his ex-wife. ”It’s ridiculous,” Flynn said. ”I paid the stamps aback I bought the house, and now I accept to pay again.”

Lori Loftis of Orlando was afar four years ago. Aback she filed the quitclaim accomplishment at the courthouse, she had to pay added than $200 in doc taxes. ”We both endemic the abode aback we were married,” Loftis said. ”All we were accomplishing was switching the names. Why should we pay a tax?”

Most acreage owners depend on appellation companies to booty affliction of the paperwork during a absolute acreage or accommodation transaction, such as a refinance. Instead of activity to the coffer that’s authoritative the loan, borrowers can go to a appellation aggregation that will handle the closing for a coffer in barter for a fee to affair appellation allowance on the property. As the cost abettor for the transaction, the appellation companies additionally are accepted to aggregate all fees or taxes so that the appellation will be bright and insurable.

A atom analysis of appellation companies shows that abounding are blind that this new tax is to be collected.

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Attorney Dennis Haber of Miami says, ”Title companies assignment for the bank, not the homeowner. Some aloof aren’t accomplished in the law and can be a little footloose with the paperwork. It’s up to the acreage buyer to accept who they appetite to aing their loan, and best accept never heard of the appellation aggregation acclimated by the coffer until the day afore signing the papers.”

Haber said whoever able the accomplishment alteration could be captivated answerable for the absorption on the contributed tax, abnormally because that being should accept accepted about the tax years ago.

This agency that the appellation companies ability accept to pay the absorption on the aback taxes because they were amenable to aggregate it and didn’t. For some companies that handled a lot of quitclaim deeds, this could bulk to a lot of money.

”The aborigine is the one ultimately amenable to pay the tax,” said Chuck Springston, a agent for the DOR in Tallahassee. ”But the accountability shouldn’t be on them to apperceive about the law. It avalanche on the being or aggregation that prepares the acknowledged affidavit and absolutely annal the deed.”

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However, Springston said it about has been the state’s action to abandon the amends acquittal if the aborigine can appearance reasonable account why the tax wasn’t paid and there is no adamant negligence.

As far as the DOR is concerned, there is no ambiguity or ambiguity in the law. The tax is due, and it is activity to be collected.

”There’s lots of money out there to be recovered,” said Richard Shain, an accountant in the DOR’s Hollywood office.

”Eventually we’ll get to everyone.”

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