Preparing for Grievance Day

 

Excessive Assessment Appeal Services

Michael DeRosa Assessment Appeal Advocate
(c) (315) 406-7355
Mike Franklin Unique Property Advocate
(315) 876-2262
(e) info@PreparingForGrievanceDay.com

 

 

 

 

Mike Franklin

(c) 315-876-2262

Mike.Franklin@PreparingForGrievanceDay.com

 

 

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Mike Franklin Profile:

"The bottom line is, if you are legitimately over-assessed we likely can help you secure a reduction by helping you tangibly substantiate your burden of proof." -- Mike Franklin

There are five areas in which I have successfully helped property taxpayers as an advocate:

1) Establish if owners are fairly assessed. If you are fairly assessed then there is no need to spend the time and effort necessary to get a further reduction. I can help you establish if you are fairly assessed thru the various valuation methods utilizing my experience in valuing unique properties in the Real Estate sector. See below for qualifications.

2) Assessor Level Appeal: I have successfully helped property owners by speaking on their behalf to the Assessor or by coaching people how to speak to the Assessor themselves. Most Assessors will listen to reason if you have your data in order. Sometimes the matter can be resolved with a phone call or a quick meeting with the Assessor. Sometimes the Assessor has faulty or incomplete data. Assessors in some cases have to deal with hundreds of properties. Clerical mistakes happen. Simply notifying them that the square footage, or room count is inaccurate can resolve the matter. Sometimes lots can be mis-classified or Assessor may not be aware of an easement that could transfer part of the tax liability to the other participants in the easement. If the Assessor can establish that to be the case it can be a simple and quick matter. In one case I was able to help a client reduce their assessment directly with the Assessor more than $500,000 because the Assessor realized the property was in a failed subdivision and there was no way the property could possibly sell for assessed value. There were a lot of negotiations. But in the end we were able to come up with a reasonable figure without having to go thru the grievance process or litigation. The Assessor was a reasonable person and realized it was a unique situation, and we just needed to sit down and figure out what was reasonable under the circumstances. That adjustment saved the owner ~ $15,000 per year. Later the property sold very close to the agreed upon assessment.

3) (BAR) Board of Assessment Review: If the Assessor for whatever reason is not in agreement, you can take your arguments to Grievance Day in front of the BAR. I have helped people gather their data and either help them make their argument or in some cases actually make the argument for them. I have secured reductions at this level with many approaches. Most entail a detailed comparable sales analysis. I simply gathered comparable data in great detail sufficient that the BAR was compelled to agree. And I was able to counter the Assessors arguements successfully.

4) (SCAR) Small Claims Assessment Review: I have had situations where our arguments were rejected by the Board of Assessment Review. I have had situations where the client failed with their arguments before a Board of Assessment Review. This can happen for many reasons. For example, the BAR may feel they have to support the Assessor because if they didn't it would impact large numbers of people. At the County level you get more time to make your arguments and you have an opportunity to to review your data and make sure it is complete. If you have a good argument you have a very good chance of prevailing.

5) State level: (Article 78 Proceeding) I have not gone to the State level as yet as it has not been necessary. But if it is, I am willing to do so. Depending on the magnitude of the situation you may want to consider also retaining an attorney. It may be advisable to retain an attorney at any level of this process, but since the Article 78 is handled by the State Supreme Court system, an Attorney may be critical to your case. The lower levels of appeal are more informal, and the procedural assistance of an attorney may not be quite as critical. I believe that if your argument is good and if you are in the right, and if you are thoroughly prepared in the lower level appeals, it will not be necessary for the situation to get to the state level.

What I am and what I am not: I am an experienced Real Estate Broker and a computer consultant. I am not a lawyer. I am not an accountant. As a real estate professional and computer consultant I have ready access to data that can help you put together an argument as to the value of your property. I have a lot of experience in property valuation as my livelihood depends on it. I also have considerable experience in helping people argue their tax assessment. My success level is very high. The reason being is, I do not take on cases where I am wrong. I believe the system for the most part will concede when I'm able to help the property owner over-come their burden of proof.

Mike Franklin

 

Qualifications:

Mike Franklin is a Licensed Real Estate Broker and Internet marketing specialist for unique Upstate New York properties. Mike is also a (SCAR) Small Claims Assessment Review Hearing Officer for the 5th Judicial District of New York. (Onondaga, Oswego, Herkimer, Oneida, Jefferson and Lewis Counties) He has more than twenty years experience as an Information Technology professional in support of the real estate industry. Mike worked for more than five years as a unique property specialist with Sotheby's International Realty. He now runs his own Real Estate Brokerage firm Franklin Ruttan (See www.FranklinRuttan.com ), which specializes in unique properties and includes historicals and waterfront. Mike utilizes his computer and Internet skills to present and promote unique properties in detail through the Internet to Down-state, out-of-state and international buyers. Mike utilizes national and international media and venues to pool traffic to his detailed property presentations and supplements those venues with custom marketing tailored specifically to the property. Mike's properties have been featured in most major media including the New York Times, Wall Street Journal, Architectural Digest, Bloomberg Business Week, Time, Forbes, Fortune, and foreign media, etc. He believes unique properties require their own Internet identity and that they should not be merely listed in a database obscured by thousands of other traditional listings. He believes each property requires its own Internet domain-based presentation and strives to put forth a marketing effort that is consistent with the elaborate nature of his properties. Mike strongly feels that unique properties should be marketed, not simply listed, and he strives to supplement traditional methods with effort and technique consistent with the magnitude of the property.

Mike's motto when it comes to valuing unique properties is: "How can a sale of a unique property that was not marketed properly be used as a comparable to one that has?"

Below are examples of his work:

www.FranklinRuttan.com

www.UpstateMansions.com

 

 

Michael DeRosa

(c) (315) 406-7355

info@PreparingForGrievanceDay.com

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Michael DeRosa Assessment Appeal Advocate

315.406.7355 Mike.Derosa@PreparingForGrievanceDay.com

“We will assess your situation and give you our professional recommendation on how to build your case.” -- Michael DeRosa

“One question every property tax payer should ask themselves before contesting the assessed value of their property is: What would my property sell for if it was placed on the market? If indeed the most probable sale price is the full market value assessment placed by their Assessor, the property owner is simply paying their fair share and truly has no legitimate argument.” -- Michael DeRosa

 

Michael DeRosa has handled some of the most complex commercial business transactions and sold some of the most expensive residential properties in Upstate New York.

He became part of an international real estate firm after having sold nearly $20 million dollars in real estate transaction sides during one of the most depressed markets in economic history.

His areas of expertise include representing foreign and domestic buyers in acquisition of U.S. real estate as well as providing sellers a complete package of luxury estate disposition services to dispose of their real estate and fine art assets.

He has represented clients in many diverse industries and professions owning various types of exotic real estate including private islands, historic castles, wine country vineyards, architectural mansions, farms and ranches, waterfront estates, equestrian facilities, recreational, hospitality, marine, aviation, and an underground silo home built at a former missile base. He has also represented development projects and worked as a development site locator for developers.

Michael, having proved his ability to succeed in any economic market condition, now specializes and travels all over Upstate New York representing unique, rare, and one-of-a-kind properties. He has extensive experience performing unique and complex property valuations for one-of-a-kind properties with no comparables.

Since the start of Michael’s career he has represented hundreds of transaction sides and become an expert negotiator. He knows exactly how to manage transaction risk for his clients to assure a successful closing.

If you are considering purchasing or selling real estate, it would certainly be beneficial for you to meet with Michael before making any decisions.

 


In The News:
Michael DeRosa and Mike Franklin have become well-known for their unique property listings televised and featured in media articles from around the world including: Forbes, TIME Moneyland, CNN-Money, CNBC, MSNBC, NBC, Business Insider, Agence France-Presse (AFP), China’s 21CBH News, USA TODAY, Architectural Digest, Huffington Post, The Telegraph, Wall Street Journal, New York Times.

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Grievance Day Advocates

Michael DeRosa Advocate (c) (315) 406-7355

Mike Franklin Advocate (c) (315) 876-2262