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Looks like we have been messed over by our mortgage servicer and their check processor for the 2008 tax year.
Our property taxes are paid from escrow and by the terms of the mortgage these are to be paid directly to the city by December 31 for each current year by the mortgage servicer.
They "dispersed" the funds on December 22nd. However, apparently checks were not sent until on or after 01/07/2009. It sounds like they may use a 3rd party check processor. Apparently payments are batched into a limited number of checks for a given city that may cover numerous borrowers. It sounds as though this is an outsourced function and that the consolidated payments may even cover multiple mortgage servicers.
I can't get any meaningful information from the mortgage servicer about the process and what happened when but the City Treasure seems to know exactly what happened. She indicated there are already many upset taxpayers this year due to this delay by at least one processor.
The twit at the mortgage service says I can use the year end statement with the date on which payment was "dispersed" as evidence of tax payment for the year but I can't believe for a moment that is accurate. He was totally useless and could only repeat I assure you it was dispersed on the 22nd; a manger will get back to me in 24 to 48 hours. Not that it matters; this to my knowledge can't easily be fixed by them since it has tax implications.
So basically it appears we have no 2008 property tax deduction that can be applied to 2008 taxes. Even worse we can't even really figure out what the nature of any financial loss will be as a result until at least the end of 2009 when we will be able to compare the impact of taking it in another year. So I can't even really make a financial claim against them. The way the economy is going I could well suffer a major decline in the coming year so I am rather ticked off I can't use it this year.
So am I just SOL? Is there any IRS procedure that might allow this to be considered paid during 2008 under the circumstances?
Ultimately this is my own darn fault for not checking with the city that payment was received. I intended to do that but I wasn't too concerned as I had first already contact the servicer to verify they had paid 2008 taxes and they have done so in past with out issue and so I sort of let slide and time ran out. However, it is ridiculous though that it took more than 16 days to go from dispersement to issuing a postmarked check for a tax payment they know they are obligated to pay by a deadline.
posted by 75.100.8...
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