Most homebuyers figure that their property taxes will be the same as those paid by the house's previous owner. That’s a common mistake.
They might be the same for a few months, or even a year, but eventually they’ll be recalculated. And when they are, they’ll most assuredly increase -- sometimes substantially.
But what if it's a new house that no one has ever owned before you? How can you know what the tax levy will be?
Most homebuilders make a good-faith estimate of the taxes their buyers can expect to pay. But some notoriously underestimate these fees to make their estimated mortgage payments appear more affordable.
Some builders go even further, basing their tax estimates not on the finished house, but on the value of the lot before a shovel was ever turned. And now a class-action suit protesting that practice has been filed in Florida.
Filed by a group of unhappy buyers, the suit charges the nation’s largest homebuilder, D.R. Horton, and its mortgage affiliate, DHI Mortgage, with a “deceptive scheme” that led to unexpectedly higher mortgage payments.
The buyers didn’t learn that their payments would be hundreds of dollars higher until after they closed on their mortgages and the loans were sold to new servicers on the secondary market, the lawsuit maintains. Once the new servicers took these loans under their wings, they adjusted the monthly payments so that they were based on the property tax assessment of the finished house -- not the empty lot.
In one instance, the suit alleges, a Horton homebuyer chose DHI Mortgage because the estimated monthly payment was lower than comparable houses with similar sales prices. But less than a year later, the new loan servicer conducted an escrow analysis that included all property taxes -- as well as back taxes to cover the previous shortfall.
The buyer’s monthly payment jumped nearly $1,000.
The lawsuit alleges that the builder and lender were "running a 'Monthly Payment Suppression Scheme' to mislead first-time homebuyers into thinking their total monthly housing costs would fit their budgets," said Jennifer Wagner, an attorney at the National Consumer Law Center (NCLC), in a prepared statement. The NCLC is co-representing the buyers in this case.
Only time will tell what becomes of the lawsuit. But it should stand as a warning to all homebuyers to make sure their property tax estimates are as accurate as possible. Buyers should try to determine on their own what their taxes will be. You can call the local assessor's office to find out, or you can ask for the tax rate and do the math yourself.
Realize, too, that your tax levy is not static. It's going to go up -- if not right away, then the next time the local tax assessor reviews your house. Housing prices are still rising, and property tax assessments are rising right along with them.
Part of the problem with underestimated property taxes lies with loan officers, who should make a concerted effort to determine what borrowers will pay prior to closing. Lenders should qualify borrowers for a mortgage based on the taxes at closing, not on what the seller is currently paying. But some don’t, and as a result, their clients' monthly charges will definitely go up, sometimes by hundreds.
Although you can pay your taxes annually on your own, most borrowers set up escrow accounts at closing to collect one-twelfth of their property taxes and homeowner's insurance fees each month. Then, when those charges are due, the loan servicer pays them on the homeowner's behalf, thereby removing the burden of coming up with that lump sum every year.
Eventually, the servicer will run an escrow analysis to make sure your payments are accurate. If not, it will adjust them accordingly. If you haven’t been paying enough since you took on your loan, you will be required to make up the difference.
You may be required to pay it all at once, or the servicer may agree to divide what you owe into equal amounts and add it to your monthly payment. Either way, the hit could be devastating to someone on a tight budget.
The tax collector will reassess your property at least once every three years. If values are rising in your area, you should expect your taxes to rise. But you also should expect your servicer to make annual adjustments to your escrow accounts.
If you disagree with either the tax assessment or your servicer, you can ask for a review. But in the end, there’s no way to avoid an increase, and it is your responsibility to pay it. It is one of the costs of owning a house.
To guard against unexpectedly large increases, some people pay a little extra every month into their escrow accounts. Others deposit money into a separate savings account so they’ll have funds set aside when the new bill arrives.