Legal Question in Real Estate Law in Illinois

My property is outrageously over assessed. Need help with reduction of my property tax.


Asked on 8/25/10, 9:09 am

3 Answers from Attorneys

Walter Palmer Law Office of Walter Palmer

There is a Board of Appeals. Call and find out why they assessed the house at the value they did. Your local assessor will have the information regarding that.

Then line up reasons why that is wrong - point out the selling prices of other houses in the neighborhood and things that are wrong with the house.

When you have all your ducks in a row, make an appointment and go in and make your presentation. For a residence, hiring a lawyer is too expensive, even after factoring in lost work.Besides, slick sometimes turns people off.

Good luck!

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Answered on 8/30/10, 9:28 am
Glenn Guttman Rieff Schramm Kanter & Guttman

In Cook County, if your property has been recently assessed for 2010, the appeal process can begin with the filing a complaint at the Assessor's Office within 30 days of the date on the Notice of Assessment of the Township. Supporting evidence needs to accompany the complaint (or within 15 days of the filing deadline for complaints) and may take the form of either: proof of an incorrect characteristic of the property (i.e. your property is 3,000 square feet instead of 4,000 square feet like the Assessor's record indicates); Proof of overvaluation perhaps based on a recent purchase of the property for less than the market value established by the Assessor, or based on an appraisal received as part of a refinancing. Overvaluation can also be established through an analysis (comparison) of other similar properties in the area which are valued less per square foot of improvement (excluding the land value) than your property.

There are other bases for relief especially with commercial, industrial, multi-family residential and condo associations, but the foregoing are just some limited examples of how to contest an assessment.

Once the Assessor has given a written decision to the appeal, you may, if not satisfied with the result, continue the Appeal process to the Board of Review. In Cook County, you do not have to file an appeal at the Assessor's Office in order to file an appeal at the Board of Review. Outside of Cook County, the first place for a "formal" appeal is at the local Board of Review for the County in which the property is located. There are various forms and appeal deadlines for property both in Cook County and outside Cook County so you must make sure you know when that deadline specifically occurs, otherwise, you can miss the opportunity to appeal.

At the Board of Review, the property owner can either let the Board make its decision based on the submitted evidence, or there is the opportunity for a hearing should you choose to have one. Once the Board gives its written decision, again you have to decide whether or not you are satisfied with that decision.

Any decision granting a reduction in the Assessment by the Assessor's Office, or by the Board of Review will result in a lower taxbill than would have otherwise occurred, were no relief granted. In other words, lower assessments lead to lower taxbills before the property taxbills are paid.

If you are not satisfied with the Board of Review's decision, the final leg of the appeal process can continue to either the State of Illinois Property Tax Appeal Board, or in Circuit Court, but not both. You have to choose which venue you want to have hear the appeal. If you choose the State PTAB, you must file a complaint with that office in Springfield, Illinois within 30 days of the Board's written Decision date, or within 30 days of the final certification of the Township by the Board, whichever date is later. The appeal to either the State PTAB, or in Circuit Court requires that the taxbill be paid in full (in order to receive a refund of portion of the paid taxes at a later date), AND that there was an appeal filed at the Board of Review preceding any appeal filed at the State PTAB or in Court. In other words, filing at the Board of Review is a pre-requisite for continuing an appeal at the State PTAB or in Court.

There are many attorneys who are specifically trained to handle these types of appeals located throughout the State of Illinois. Local Bar Associations typically have Lawyer Referral services they provide to assist taxpayers looking for counsel. The ISBA's Lawyer Referral network can be reached at (800) 922-8757 or at www.illinoislawyerfinder.com. Alternatively, the Chicago Bar Association Lawyer Referral Service can be reached at (312)554-2001 or at www.chicagobar.org.

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Answered on 8/30/10, 9:57 am

There are plenty of property tax attorneys in Chicago. They customarily charge a fee equal to a percentage of the taxes they are able to save you.

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Answered on 9/02/10, 6:13 pm


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