Letter to the Editor – Avery Chenoweth, Sr.

Dear Editor,

A few days ago I opened an envelope from the city and found a “2021 City Property Tax Notice,” with the usual official gobbledegook language and a tear-off portion to enclose with $780.06. On closer examination, the due date indicated was 12/20/21.

     What?

  As any mortgagor (homeowner) with PITI (for those renters: ‘Principal-Interest-TAXES-Insurance’) knows, the T and I are escrowed into the monthly payment to protect the mortgagee and to automatically pay those when due, to prevent default on the part of the mortgagor.

     I checked, and indeed, my mortgage company is properly escrowing the necessary amount.  

     I then telephoned the city tax department to inquire why suddenly I was being notified that I needed to pay this bill in this way, as the mortgage company has been escrowing since effecting the mortgage. I don’t recall as having received a notice like this in the previous 14 years we have lived here, or the duplication of the escrow bill incorporated in the several mortgages I’ve had.

     The conversation went something like this:

     ”This “Notice (bill)’ is just a reminder…”

     ”Why? The mortgagee has this written into the mortgage’s escrow.”

     ”Some don’t pay.”

     ”Oh, and if they don’t? Do you notify the homeowner and offer a grace period to try to repay?”

     ”No. Georgia state law does not require that.”

     ”So the homeowner is left in the dark without knowing a default has occurred?”

     ”Yes. State law does not require us to notify the homeowner. We are only interested in payment of the amount due on a particular date. After 30 days of default, under state law, the city of Perry then takes title to your house.”

    ”You mean that, without notification of any default on the mortgagee’s failure to pay the escrow amounts, the city of Perry—without notifying homeowners or offering to work out a repayment plan—or a period to attempt to collect from the mortgagee—the city will take possession of my house without notice and kick me out?”

     ”Yes.”

     ”What if the mortgage company way off in another state is devastated by a massive electrical grid failure, a tornado, or other natural disaster and goes out of business—and fails to pay one’s escrowed taxes—the city of Perry still takes the house away without notifying or negotiating with the owner to try to repay?”

     ”State law.”

     ”And, that nefarious consequence is not exposed to the homeowner anywhere in the notice?  The city just confiscates property according to a few inept words in a statutory law written by bunch of mediocre law interns? Why is this not disclosed in the “Important Message” box on the Notice-Bill?”

     No answer…

Well, Mr. Mayor of the great city of Perry, Ga., the honorable Randall Walker, I submit to you, sir, that if what I have recalled here is or is not accurate, please correct or affirm for the record if the city, under such circumstances can, indeed, confiscate one’s property in such an egregious manner.

If true, a simple disclaimer to this effect added in bold type to the Important Message box on the Notice-Bill might be added:

WARNING: Be advised that if your mortgage company defaults on its obligatory escrow payment of the city property taxes when due, and the required sum is not paid within 30 days, your house will be seized by the city and your ownership terminated. The city will not inform you of any mortgage failure; it is up to the homeowner to keep track, not the city tax department.

Mr. Mayor, again, with all due respect, if you chose to use this wording I have provided, you may expect a bill for my services, just as your office would for theirs.

Avery Chenoweth, Sr.

Perry, Ga.

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