Making
Money on Others' Taxes
Reported by Bill
Kelly, STATEWIDE Correspondent
Thousands of Nebraskans behind on their property taxes are now in debt to someone
other than the county treasurer. There is the chance for huge profits for private
companies willing to buy the delinquent taxes from counties. This spring, one
company bought millions of dollars worth of these tax certificates. But a STATEWIDE
investigation showed that there may be more going on than big-time investors
looking for big-time profits.
An assistant director with the state banking department told
us he has some questions he wants to ask an out-of-state company offering Nebraskans
behind in their property taxes a chance to pay them back a little at a time.
Maybe it's a loan.
Maybe it isn't.
But anyone charging more than 16% interest does need to get
a state permit. So how is it that a private company can have control over your
back taxes? It begins with a state law that turns your debt into their profit.
There's a farm near Ithaca, Nebraska, an out-of-business bar
in Wayne, and a home in Ceresco -- all these landowners got behind in paying
their property taxes. To pay off the debt, they'll have to pay the local county
treasurer, right?
Not anymore.
All three properties and thousands more in Nebraska now owe
their property taxes to a private company in the state of Michigan -- a company
that turned the hard times of delinquent taxpayers into a very lucrative investment
opportunity. County treasurers all over Nebraska have never seen anything like
it.
[James
Fauver:] "Thank you, sir."
[Taxpayer:] "I'm glad it wasn't any worse than that."
James Fauver, treasurer in Saunders County, was working in
his courthouse office when he had a visitor.
"One of the gentlemen came in and introduced himself a few weeks ago, and then
one morning out of the clear blue sky three fellows showed up and wanted to
go through our files. This was a company out of Michigan."
The files they plowed through listed all the properties in the county behind
in taxes. It was very clear they knew what they were looking for, picking and
choosing specific kinds of holdings.
[Fauver:] "We have no choice. If anybody want to our files,
they're public records. They can go through them. They can buy what they want."
Then they handed the treasurer a list of delinquent property
taxpayers. These mysterious out-of-towners then did something amazing -- they
wrote a check for over half a million dollars to Saunders County, in effect,
paying off the taxes for all these properties.
[Fauver:] "This is going to be quite a boost to those schools
that are affected, the cities, villages, townships, county, their share of the
dollars. It will be a tremendous boost to everyone concerned. Because it's almost
like money -- money out of the sky, you know, somebody came along and wrote
a half million dollar check and now we've got to distribute it. And that's going
to be a great impact on those taxing entities."
What this company
bought was not the land or the homes or the businesses, but a piece of paper
-- a paper call called a tax certificate -- that transferred the property owner's
debt from the county to a privately-owned company.
Why?
Anyone behind in their taxes pays a 14% penalty. Now these
property owners and everyone else whose tax load was bought owes this company
14% interest. And it's all the same company named on dozens of tax certificates
filled out by hand in Saunders County -- a company named Equivest.
"This particular company's here, they bought a slug of
them, I understand clear across the state. So they're big-time investors."
Clear across the state is right. They apparently hit almost
every county in the state.
[Marty Barnhart:] "They want to get the investment interest.
They're not interested in the property necessarily. They're interested in turning
their money in a reasonably short period of time and receiving the greatest
dividend on that money."
Marty Barnhart runs the agency that buys and sells property
lost because of nonpayment of taxes in Douglas County. In this county individual
tax debts from anywhere from $500 to over $100,000 are on the Equivest buy list.
The company bought over 3,400 delinquencies.
[Barnhart:] "It's somebody who had money to spend who saw
an area that they could make money in. And that's the essence of capitalism.
So I can't criticize them for their insight and their opportune timing to walk
in and make 14% interest where they couldn't make it anywhere else."
In Wayne County the amounts may have been smaller, but still shocked county
officials.
[Bill Kelly:] "You've been treasurer how long?"
[Leon Meyer:] "Twenty-four years."
[Kelly:] "Have you ever seen anything like this?"
[Meyer:] "No, it's the first time. Yeah, this is the first
time."
[Kelly:] "Surprising to you?"
[Meyer:] "Yeah, really."
[Kelly:] "Could you show us the paper work?"
[Meyer:] "Oh, yeah, sure."
Leon Meyer had never filled out a tax certificate purchase
form. In just one day, he was filling out dozens.
[Meyer:] "Now, see, that's -- this was the first -- the letter
that they brought around."
The letter sent out to county treasurers properly states that
buying delinquent taxes is an investment. While currently rare, it is entirely
legal. But the letter also said something that made Leon Meyer a little uneasy.
It discourages county treasurers from notifying county taxpayers that Equivest
is about to buy, or has already bought, a person's tax obligation -- and graciously
points out that since no law requires spreading the word, it would only involve
unnecessary costs to the county.
The sale and tax or certificate on their property should not
cause undue alarm either to the taxpayer or to the treasurer. Well --
Bill Kelly:] "Why do you think they didn't want taxpayers
alerted?"
[Meyer:] "Well, so that they probably could pick up more taxes.
Yeah, they'd be picking up more taxes."
So
who is Equivest?
Records from the Michigan Secretary of State show it's a family-owned
company -- the Foote family of Lansing, Michigan. One newspaper in Michigan
investigated Equivest's tax investment scheme a year ago, reporting the results
in an article titled "Land Sharks."
The Metro Times discovered that Frederick Foote and his family
own another company, First National Acceptance Corporation. Records we obtained
from the Michigan banking regulators confirm that the family still do own FNAC.
According to the Metro Times, Equivest would purchase past due taxes just as
they do in Nebraska. But in some cases, FNAC would approach the same person
about taking out a loan to pay off that debt.
So what does that mean?
Either way, they profit. In a telephone interview, the company's
president, Frederick Foote, told STATEWIDE, Equivest is not the front end of
a loan making operation. But is the same practice going on in Nebraska? A check
of computerized files at the Douglas County Register of Deeds did not show anyone
beholden to companies known to be tied to Equivest, nor any of those companies
licensed to loan money in the state of Nebraska.
But you remember the letter that Leon Meyer showed us in Wayne
County? It mentions an Equivest program called easy pay. The letter explains
that taxpayers in debt to Equivest do have the option of breaking down a large
payment for taxes and penalties into smaller payments. The letter does not the
mention how much the service would cost the taxpayer.
So someone is paying interest on money being paid a little
bit at a time. What would Equivest call easy pay?
Mr. Foote told us, "I think there is an arrangement. I don't
know if it's a loan or not. In effect, it would be."
Mr. Foote insists giving delinquent taxpayers an opportunity
to pay back a little at a time actually decreases the chance they will lose
their property, even as it increases the profits earned by Equivest.
Will taxpayers in Nebraska know to whom they're in debt?
Maybe not.
There's nothing in the law that says you have to notify
these folks.
The Saunders County Treasurer did not tell the taxpayers
in his county, but James Fauver does think anyone who hasn't paid up their
taxes is making a big mistake when a bank loan could save them a lot of money.
[Fauver:] "But it's a shame, you know, that people don't
-- aren't cognizant enough to come in and pay those taxes, because, gee, they
can go to the bank and borrow that money a lot easier than paying that 14%."
[Bill Kelly:] "And it does add up."
"It really adds up."
Wayne
county treasurer, Leon Meyer -- he's now retired -- did send out a note to
taxpayers affected by the Equivest purchases.
[Meyer:] "There are delinquent taxes on property which you
own. This sales tax can be stopped only by the owner's quick action of paying
these taxes as soon as possible."
[Bill Kelly:] "You feel like it's important to let
these people know?"
"Oh, yes, definitely."
"Why is that?"
"Well, okay. They issue us a check, say, for $100,000 at
14% interest. That's $14,000 a year if they go for a year. That's $14,000
that will be going out of Wayne County to Lansing, Michigan."
"In other words, when you take money away from taxation,
what does that do to your taxes?"
"My taxes. That I'm a citizen here, see. It's going to raise
the taxes of Wayne County."
State law permits
a 14% penalty to encourage people to pay their property taxes. Equivest uses
that to make a substantial profit from those who often just cannot afford
to pay.
Is it right making this money on the poorest people in the
county?
That's part of the system?"
"That's part of the system."
And Equivest tells us the company may be back as long as
there's money to be made here. According to Mr. Foote, it all depends on interest
rates and fast changing financial markets.
For STATEWIDE, I'm Bill Kelly.
Local funding for
STATEWIDE is provided in part by the Shoemaker Family Foundation of Cambridge,
Nebraska building bridges of understanding between rural and urban Nebraska
through its support of STATEWIDE news programming ... and by over 30,000 members
of Nebraskans for Public Television.