Skip to main content

CHICAGO TRANSFER TAX takes ANOTHER BITE OUT OF BUYERS

Nothing should be simpler than a real estate closing. The buyer shows up with money. The Seller has a deed and some keys. They shake hands and trade. Nice.

Turns out (over and over) that in the Venn Diagram of life, "simple" and "closing" seldom intersect. We learned of yet closing-related complication this week, courtesy of our friends at the City of Chicago, Department of Revenue. The Department is charged with "maximizing revenue collections to support the City's "vital" infrastructure.

One way they are doing this is by scrutinizing tax declarations filed with the County Recorder, every time a deed or other document is recorded of record. The Department is, apparently, checking the transfer tax declarations to see when they are dated and then comparing them to the dates when the transfer tax stamps are actually purchased.... and they going after purchaser's who may not being paying the tax in a "timely" fashion.

For better or for worse, Investigations have long focused attention on certain FHA related foreclosures that buyers (erroneously) thought were exempt from the City real property transfer taxes, and divorced couples, where one spouse "got the house." In the later scenario, the City asserts that the home "winner" must pay tax on the value of the share transferred). Lovely letters from the City. They demand the tax and, of course, late fees and penalties. Threats of lawsuits, that sort of thing.

The timing issues is a new aspect of the heightened scrutiny (at least new to me). Transfer taxes are due is due upon the earlier of (a) the delivery of a deed or (b) its recording, (see section 3-
33-030) and is payable through the purchase of stamps. (Never-mind the logical incongruity of a deed being recorded before it is delivered to the buyer).

In NEARLY EVERY transaction I work on, a title company acts as the closing escrow agent, they receive and disburse all the funds and the deed for recording, once it is delivered by seller to buyer. If the City does not get paid at the time of the closing, the tax is (they say) has been paid late.

Here's the example given to me today: The buyer and seller transact the sale of a Chicago property from New York. The deed and related closing documents are sent to the title company, who then records the deed 4 days later. Too late Mr. Buyer, sir. You did not pay the tax at the time of the transfer. Penalty, please too. Too bad Mr. Title Company who assured the buyer that the tax obligation had been satisfied: a $125,000 claim on the title policy!

This shouldn't be a problem for most of my clients; we close Chicago properties at reputable title companies that have facility to purchase tax stamps on the actual date of closing. On the other hand, this all came to my attention today when an underwriter from one of those reputable institutions asked my buyer to acknowledge potential liability for late fees that could result from a delayed (dry) closing today.

Wonder what is going to happen for Chicago closings at smaller title companies or in the outlying offices. There are either going to be a lot of disgruntled buyers or title claims.... or both.

Thoughts anyone?

Comments

Popular posts from this blog

PLM Title Shuttered

Title insurance is a critically important part of any real estate transaction; or at least it should be. The title company guaranties the "quality" of an owners interest in the property - that there aren't any (unknown) liens or defects. No buyer that I work for will purchase a property without it. Title insurance is only as good as the insurer. We want to know that the insurance company, like the Rock of Gibraltar , will always be there. We want to sleep easy at night, knowing that the client is protected. That said, it was a bit distressing to see that PLM Title Company shut its doors, without any forewarning last week. Worse still, this morning's news is that there is a criminal investigation underway - and that we do not yet know why. Old timers like me shudder with memories of the great Intercounty Title debacle five years ago. Here's to hoping that this one is nothing like that one. Set aside the problems involved trying to make a claim against a defun...

FHA Loans and Condo Sales - Is Relief on the Way?

By all outward appearances, state government in Illinois has ground to a complete halt, with all eyes focused on the Governor's "problem" and all the related fal - der -rah. Its hardly business as usual in Springfield, but not everything has ground to a halt. Several new bills have been introduced this week. That is not to say that they will be of benefit to we the people. Nonetheless, the cogs and gears are turning, and we are hoping for the best. One such proposal comes from Rep. LaShawn Ford of Chicago's west side, who is himself a real estate broker and entrepreneur . He is the author of House Bill 155 , introduced & referred to the Rules Committee Wednesday. It seeks to address one of the most common problems I am seeing in condominium resale transactions these days; the tension between many Declarations of Condominium and FHA loan guidelines. Many Condo Declarations provide Associations with a "right of first refusal," which basically allows t...

MAYOR DALEY PROPOSES TIF FINANCING FOR SOME DISTRESSED PROPERTIES

Lets see how City Council reacts on this one, but the Mayor introduced a pretty interesting little ordinance that might be a real boon to first time area home buyers willing to buy and rehabilitate some bank-owned properties. Progress Illinois reports that the mayor's bill, introduced on March 9: "seeks to tackle the growing problem of vacant homes that are blighting neighborhoods across Chicago, and in particular in minority communities. Called the Vacant Building TIF Purchase and Rehabilitation Ordinance, the  bill  (PDF) proposes allowing residents with a household income no greater than 100 percent of the regional median income to apply for a tax increment financing (TIF) grant that would pay for up to 25 percent of the cost of purchasing and rehabilitating an empty residential property. Single-family empty homes or units in condo and cooperative buildings with four units or fewer are eligible. The empty homes must be located in a TIF district and must be in need of...