September, 2007

Frequently Asked Questions

 

1.      Should I pay the real property taxes assessed against the improvements to my leasehold property located on Pensacola Beach?

 

We continue to be advised by our attorneys at Shell, Fleming, Davis & Menge not to pay the real property taxes.  This advice is based on the uncertainties related to refund procedures in the event the court rules in our favor.

 

A stay has been granted in the 2004 and 2005 tax year complaints suspending all procedures for the collection of the contested taxes pending final disposition of the lawsuits.  In the 2006 litigation, a stay order was not requested because Florida Statute 194.171(3) provides for an automatic stay.  We as plaintiffs in these actions have alleged in good faith that we do not owe any of the taxes at issue in this case, and the Defendants have conceded that our cases have been filed in a timely manner.  In other words, plaintiffs in these cases are not obligated to pay the taxes in question until the courts have made a final disposition in this matter.

 

The downside is if the court rules the real property taxes to be valid and payable, the leaseholder who has not paid taxes will not obtain the discounts otherwise available for early payment and will be required to pay interest at 12% simple (not compounded) interest per year as established in Florida Statute 194.192(2).

 

2.      What can I do if my mortgage company pays the tax or notifies me that I must pay it?

 

The right of a lender to pay the tax or require the leaseholder to pay the tax is governed by each leaseholder’s individual mortgage.  If a dispute arises in this regard, it would be between the individual leaseholder and the mortgage company and outside the scope of Shell, Fleming, Davis and Menge’s representation of the whole group in the tax challenge.  As a public service, the law firm provided a memorandum dated May 20, 2005 that includes a number of attachments to educate the mortgage company on the nature of the litigation we are involved in.  This memorandum and attachments (8 pages), copies of the 2004 and 2005 orders on the motion for stay (2 pages each), and Fla. Stat. 194.171(3) (1 page) have proven useful for a number of plaintiffs in dealing with their lenders.  These documents can be printed through the following link:

 

                        Documentation Related to Collection of Contested Taxes

 

  1. What should be done about payment of taxes when assigning leasehold interest?

 

Parties to the suit who are assigning their leasehold interest will find that purchaser’s mortgagee will require the real property taxes to be paid.  Talk to the law firm handling the transaction or your own attorney about escrowing taxes.  Once again this is an issue for individual leaseholders and is outside the scope of Shell, Fleming, Davis and Menge’s representation of the whole group in the tax challenge.