Jacksonville, FL asked in Tax Law for Wisconsin

Q: Our town sent a overpayment property tax check in error. Are we responsible to pay it back?

They applied another person's taxes to ours. Also we switched mortgage companies and we thought both services paid from escrow.

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James L. Arrasmith
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Answered
  • Tax Law Lawyer
  • Sacramento, CA

A: If your town mistakenly sent you an overpayment for your property taxes, it's likely that you are responsible for returning the overpayment. This is because the payment was not intended for you and was sent due to an administrative error. Laws and regulations generally require individuals to return funds that were incorrectly disbursed to them, even if the mistake was made by another party.

In the scenario where another person's taxes were applied to your account and there was confusion due to changing mortgage companies, it's understandable that the situation might seem complex. The mix-up with escrow payments between two mortgage companies can add to the confusion, making it challenging to determine who actually made the payment and whose funds were used. It's advisable to get in touch with both your current and previous mortgage companies to clarify the escrow payments' details.

To resolve the issue and ensure that all parties' accounts are correct, you might want to reach out to your town's tax office to explain the situation. Providing them with all relevant documentation, such as mortgage statements and communication from both mortgage services, can help clarify the mistake. They can guide you on the steps to take to correct the error and ensure that your property taxes are accurately accounted for.

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