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getmanlaw · 2 months
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Schuyler County officials unveil consumer pamphlets and information as part of National Consumer Protection Week
Watkins Glen, NY—Schuyler County officials are joining government agencies nationwide to commemorate National Consumer Protection Week.
The Schuyler County legislature has proclaimed the week of March 3 through March 9 as National Consumer Protection Week to provide information of interest to county consumers.   In addition, the Schuyler County Office for the Aging and Schuyler County Attorney will be providing tips and resources relating to consumer protection information to protect Schuyler County residents from falling prey to scams, fraud, and identity theft.
This annual event marks a time when government agencies work together to promote consumer rights and educate the public on how to spot, report, and avoid becoming a victim of consumer fraud.
“Scams and frauds, including identity theft and phishing are a massive problem in society today,” Schuyler County Attorney Steven Getman said. “If consumers learn about the best practices to keep their finances secure, they have a less likelihood of becoming a statistic. Every year Americans lose billions of dollars in losses and hardship.”
According to Office for the Aging Director Tammy Waite, seniors are an especially vulnerable target for scammers.
“Almost anyone under the right circumstances can fall for a phony offer or promotion, however, older Americans are usually more susceptible than others,” Waite said. “Scammers use promises of large financial gains or sometimes even romantic relationships to lure victims in, only to manipulate them into giving their life savings away.  They prey on our older citizens who are trusting, vulnerable and can sometimes unknowingly fall for a scam.” 
The Federal Trade Commission received 5.2 million victim reports describing more than $8.8 billion in losses to fraud in 2022 compared to $6.1 billion in losses the year prior. In that same time frame, investment scam losses more than doubled from $1.8 billion in 2021 to $3.8 billion last year.
To help combat scams, during Consumer Protection Week the County will distribute free pamphlets with website links and consumer protection information. The materials will be available at the County Office for the Aging, in Montour Falls, and the County Attorney’s Office in Watkins Glen. Information is also online at the county attorney website:  https://www.schuylercounty.us/123/County-Attorney
The Schuyler County Office for the Aging’s mission statement is to advocate for, educate and assist the senior and disabled populations of Schuyler County to live in the most independent and integrated setting through community collaboration providing for well-being/health, security, dignity, autonomy and choice through innovative home and community-based services.  As director, Waite Supervises and conducts social, educational, recreational, and health programs for senior citizens under the direction of the New York State Office for the Aging and the federal Administration for Community Living.
As County Attorney, Getman is the chief legal advisor for county government and responsible for the prosecution and defense of civil actions brought by and against the county, including civil adult protective cases.
A copy of the legislature’s resolution is available here: https://www.scribd.com/document/708588213/RECOGNIZE-NATIONAL-CONSUMER-PROTECTION-WEEK
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getmanlaw · 2 months
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Schuyler County officials unveil consumer pamphlets and information as part of National Consumer Protection Week
Watkins Glen, NY—Schuyler County officials are joining government agencies nationwide to commemorate National Consumer Protection Week.
The Schuyler County legislature has proclaimed the week of March 3 through March 9 as National Consumer Protection Week to provide information of interest to county consumers.   In addition, the Schuyler County Office for the Aging and Schuyler County Attorney will be providing tips and resources relating to consumer protection information to protect Schuyler County residents from falling prey to scams, fraud, and identity theft.
This annual event marks a time when government agencies work together to promote consumer rights and educate the public on how to spot, report, and avoid becoming a victim of consumer fraud.
“Scams and frauds, including identity theft and phishing are a massive problem in society today,” Schuyler County Attorney Steven Getman said. “If consumers learn about the best practices to keep their finances secure, they have a less likelihood of becoming a statistic. Every year Americans lose billions of dollars in losses and hardship.”
According to Office for the Aging Director Tammy Waite, seniors are an especially vulnerable target for scammers.
“Almost anyone under the right circumstances can fall for a phony offer or promotion, however, older Americans are usually more susceptible than others,” Waite said. “Scammers use promises of large financial gains or sometimes even romantic relationships to lure victims in, only to manipulate them into giving their life savings away.  They prey on our older citizens who are trusting, vulnerable and can sometimes unknowingly fall for a scam.” 
The Federal Trade Commission received 5.2 million victim reports describing more than $8.8 billion in losses to fraud in 2022 compared to $6.1 billion in losses the year prior. In that same time frame, investment scam losses more than doubled from $1.8 billion in 2021 to $3.8 billion last year.
To help combat scams, during Consumer Protection Week the County will distribute free pamphlets with website links and consumer protection information. The materials will be available at the County Office for the Aging, in Montour Falls, and the County Attorney’s Office in Watkins Glen. Information is also online at the county attorney website.  
The Schuyler County Office for the Aging’s mission statement is to advocate for, educate and assist the senior and disabled populations of Schuyler County to live in the most independent and integrated setting through community collaboration providing for well-being/health, security, dignity, autonomy and choice through innovative home and community-based services.  As director, Waite Supervises and conducts social, educational, recreational, and health programs for senior citizens under the direction of the New York State Office for the Aging and the federal Administration for Community Living.
As County Attorney, Getman is the chief legal advisor for county government and responsible for the prosecution and defense of civil actions brought by and against the county, including civil adult protective cases.
A copy of the legislature’s resolution is available here.
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getmanlaw · 4 months
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Law Day 2024 theme announced
The American Bar Association has announced the theme for Law Day 2024, "Voices of Democracy.”
The 2024 Law Day theme “Voices of Democracy” recognizes that in democracies, the people rule. For nearly 250 years, Americans have expressed their political views and wishes by speaking their minds and voting in elections. In 2024, the United States will hold its 60th presidential election, and Americans will address fundamental questions about democracy and the rule of law.
For more information, click here.
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getmanlaw · 5 months
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Cyber Monday scams are rampant in NY this year. How to avoid them.
Fraud expert and vice president of public policy, telecommunications and fraud for the National Consumers League, John Breyault, told Gannett News there are three scams consumers should be aware of ahead of the holiday season.
Deals that seem too good to be true
Porch pirates
Delivery scams
There is also information on what to do if you've been scammed.
For more on each scam, and how to avoid it, click here.
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getmanlaw · 6 months
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Second Amendment Legal Update: November 2023
A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State.  For a complete copy of this month’s report, click here.
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getmanlaw · 6 months
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National Estate Planning Awareness Week is October 17-23
October 17-23, 2023 is National Estate Planning Week and Schuyler County Attorney Steven Getman is reminding the public that the week is a perfect time to start thinking about their own estate plans.
“Estate planning is the process of arranging in writing who will receive your assets when you die,” Getman explained.  “It can also provide clear end-of-life directives should you become incapacitated before ultimately passing away.”
“Common, and important, documents may include a Last Will and Testament, a Power of Attorney, a Health Care Proxy and a Living Will.”
Unfortunately, Getman said, many people fail to establish an estate plan, even those who would benefit from it.
“It’s estimated that over half of Americans do not have an up-to-date estate plan,” Getman said.  “This creates hardship, both financial and emotional, for your loved ones.”
“For example, when you don’t have a Will, the court process — known as intestate administration — can get especially complicated. The court has to name an administrator to oversee your estate. And this can be time-consuming, expensive, and even contentious for your family members.”
“Having a plan helps make sure your money and property go to those you intended, not to others,  or even the government, when you pass away,” Getman noted.
“It can also minimize taxes so that your loved ones can keep more of your property.”  
“Even if you have a plan, it’s a good idea to review it from time to time,” Getman said. “Changes in the law, family, business and other life circumstances can have sweeping effects on your plan. This week is a perfect time to look over your existing plan to best protect you and your family.”
According to Getman, anyone looking for a local estate planning lawyer may be able to obtain assistance by calling the New York State Lawyer Referral and Information Service at 1-800-342-3661 or visiting them online at www.findalawyernys.org.
National Estate Planning Awareness Week was established by Congress in 2008 to help consumers understand estate planning and its importance, along with how best to create a qualified team of professionals to assist in the estate planning process.   
The Schuyler County Attorney is the chief legal advisor for county government and responsible for the prosecution and defense of civil actions brought by and against the county, including estate claims, adult protective cases and tax matters. Among the agencies the office represents are the County Treasurer, Office for the Aging and Department of Social Services.
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getmanlaw · 7 months
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Second Amendment Legal Update, October 2023
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A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete copy of this month’s report, click here.
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getmanlaw · 7 months
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Schuyler County Honors Sept. 17 as Constitution and Citizenship Day
Watkins Glen, New York--The Schuyler County Legislature is recognizing Sunday (September 17) as Constitution and Citizenship Day.
The legislature’s resolution, drafted by County Attorney Steven Getman, urges civil and educational authorities of states, counties, cities and towns to make plans for the proper observance of the day and “for the complete instruction of citizens in their responsibilities and opportunities as citizens of the United States, and of the state and locality in which they reside.”
The resolution was approved at the legislature’s September 14 meeting.
September 17 is the anniversary of the signing of the United States Constitution, which, the county resolution notes, "is the supreme law of the land and the document by which the people of this country self-govern."
In remembrance of the signing of the Constitution and in recognition of the Americans who strive to uphold the duties and responsibilities of citizenship, the Congress, by joint resolution on Feb. 29, 1952 (36 U.S.C. 106), designated September 17 as Constitution Day and Citizenship Day.
A complete copy of the county’s resolution is available here.
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getmanlaw · 8 months
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Second Amendment Legal Update, Sept. 2023
A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State.  For a complete copy of this month’s report, click here.
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getmanlaw · 8 months
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Schuyler County Officials host adult protective event September 26
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The adult services division of the Schuyler County Department of Social Services welcomes the public to a series of trainings on prescription drug abuse, human trafficking and identify theft.
“Seniors and vulnerable adults are being coerced/forced to participate in illegal activity,” the announcement reads.  It also notes they can get trapped by identify theft and money scams.
The program looks at ways to identify illegal activity and how to guard against it.
The trainings will be conducted by former New York State Police Instructor Michael Bruggman.  Bruggman provides training to various groups including law enforcement, corrections officers, medical staff, teachers, substance abuse counselors, community groups and others.
The event will be held on September 26 at the Schuyler County Human Services Complex, 323 Owego Street, Montour Fall, New York.
As part of the events there will be a simulated drug paraphernalia display set up for the entire day.  All items are safe and will contain no illegal or dangerous substances. 
For more information, or to RSVP, contact the Schuyler County Department of Social Services Adult Protective Division.  
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getmanlaw · 8 months
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SCHUYLER COUNTY GIVES TAX-FORECLOSED PROPERTY OWNERS ANOTHER CHANCE. 
Schuyler County’s annual  property tax auction is scheduled to begin Monday, October 2.   However, county officials are giving foreclosed property owners one last chance to avoid the loss of their land. 
On Monday (August 14), the Schuyler County Legislature voted to allow former owners who lost their properties in this year’s foreclosure to submit offers to County Treasurer Holley Sokolowski to buy back the land.  If accepted, County Attorney Steven Getman is authorized to prepare a deed to the former owner, returning the property. 
The offer must be accompanied by payment of “the full amount of taxes, penalties, interest and other county expenses involved with the property,” the legislature held.   
Offers can be accepted up to two weeks prior to the auction, or September 18, Sokolowski said. 
“After the deadline, any remaining properties will be sold to the highest bidder at the county’s tax auction,” she explained.    
Prior to the deadline, the county provides written notice of the buyback option to the former owners, Getman noted.    
“The notice reminds them of the foreclosure and provides a way to avoid the sale,” Getman said. “Notices are sent by mail and, in addition, copies of the court’s foreclosure judgment are served on the properties by the sheriff’s department.” 
The foreclosure order transferring ownership of each property to Schuyler County was entered by the New York State Supreme Court on June 27, Getman said. 
The August 14 resolution is the latest step in the county’s efforts to collect overdue taxes while keeping people in their homes, Sokolowski said.  
According to Sokolowski, each November, the county mails out Foreclosure Notices and Petitions to properties with back tax liens from the prior year.  Those notices go out by both regular and certified mail to property owners, mortgage holders and others with identified interests in the delinquent properties.  The notice warns that failure to pay the back taxes can result in a court order foreclosing on the property. 
The county also publishes a list of the delinquent taxes in two local newspapers and, in certain cases, posts warnings on the properties that they could be sold for back taxes, she said. 
In addition, though not required by law, in February, Sokolowski and Getman sent letters, with handwritten notes on the envelopes, to property owners who still had not paid their back taxes, in an effort to prevent foreclosure.   
“That cut the delinquent list by more than half,” Sokolowski said. “A lot of people came in and paid when they got the letters.” 
Finally, property owners were invited to attend an online conference with state-appointed court attorney/referee, to discuss settlement options with county officials. 
Only after each of those steps occurred, Getman explained, did the court enter a judgment foreclosing on the property.    
Under the law, after the foreclosure order, the county conducts a tax auction in order to satisfy delinquent property taxes, Getman said.  At the auction, the property will go to the highest bidder. The successful bidder must pay the taxes due with any other lawful charges and fees and, is given a quitclaim deed to the property.   Sale proceeds are then used to make the county whole for missed taxes, he explained. 
“Pursuant to a recent U.S. Supreme Court decision, any surplus funds obtained as a result of the sale will be held in escrow, pending a determination of claims to those funds, above and beyond the county’s costs,” Getman said. 
The properties to be auctioned will be posted on the county's website and in pamphlets available at the treasurer's office, Sokolowski said. 
As County Treasurer, Sokolowski is the fiscal officer of county government and enforcement officer for unpaid property tax liens.   
As County Attorney, Getman is the chief legal advisor for county government and responsible for the prosecution and defense of civil actions brought by and against the county, including tax matters. 
The current chair of the Schuyler County Legislature is Carl Blowers.   The resolution to allow the buy-back was introduced by the county’s “management and finance” committee, chaired by legislator Phil Barnes.  For more details on the buyback program, the tax auction and other aspects of the foreclosure process, interested persons can contact the county treasurer (607-535-8181) or visit the county’s website.
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getmanlaw · 9 months
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Second Amendment Legal Update: August 2023
A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State.  For a complete copy of this month’s report, click here.
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getmanlaw · 11 months
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NYS Announces Start of State Interagency Enforcement Actions Against Unlicensed Cannabis Businesses
June 8, 2023:
Governor Kathy Hochul today announced the launch of an interagency initiative to cease the sale of untested cannabis from unlicensed storefronts and trucks. Enforcement officers from the New York State Office of Cannabis Management and Department of Taxation and Finance conducted inspections at storefront businesses not licensed to sell cannabis and issued Notices of Violation and Orders to Cease Unlicensed Activity, when appropriate. These actions will be replicated across the state to end public sales of untested cannabis by unlicensed businesses. As part of the FY 2024 Budget, Governor Hochul signed critical legislation allowing for these expanded enforcement actions against unlicensed cannabis businesses to take place.
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Governor Hochul signed legislation allowing for enhanced enforcement of unlicensed cannabis businesses as part of the FY 2024 Budget. The legislation allows the Office of Cannabis Management to assess civil penalties against unlicensed cannabis businesses that would undercut their efforts, with fines of up to $20,000 a day for the most egregious conduct. It also makes it a crime to sell cannabis and cannabis products without a license.
As a result of the legislation, the Department of Taxation and Finance can also conduct regulatory inspections of businesses selling cannabis to determine if appropriate taxes have been paid and levy civil penalties in cases where appropriate taxes have not been paid. The legislation also establishes a new tax fraud crime for businesses that willfully fail to collect or remit required cannabis taxes, or knowingly possess for sale any cannabis on which tax was required to be paid but was not.
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getmanlaw · 1 year
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Schuyler County Officials Warn: Be aware of unsolicited property offers. “Know your rights before you sign.”
Schuyler County Clerk Theresa Philbin and County Attorney Steven Getman are warning property owners to be aware of unsolicited offers to buy land in Schuyler County, often at a deep discount from the actual value.
“Reports have surfaced this month of a company soliciting  property owners in the area offering to buy vacant land for cash,” Philbin said.  “The offers include a Purchase and Sale Agreement, asking the owner to sign and send back within a short period of time.  The quick cash offer they make is always below the assessed value, and sometimes by as much as 15 to 25 percent. That could cost you thousands of dollars, depending the price and your property’s actual value.”
“Many of these buyers are, basically, throwing out nets to see if they can find an owner who doesn't understand the real value of their property or an owner that wants to sell quickly at (almost) any cost. They may be senior citizens, facing a personal situation that is forcing them to consider selling their real estate. These buyers are often hoping to find sellers willing to sell at 85% or less of the true market value.”
While the offer may be perfectly legal, signing and sending back the agreement, Getman pointed out, would create a binding contract.  That contract, Getman said, may obligate the owners to conditions or expenses they did not understand before signing. 
“For example, the offer may state the buyer will pay all closing costs, but also require the seller to clear up any liens or encumbrances on the property at the seller’s own expense before the sale,” Getman explained.  “That could include mortgages, property taxes or even electric, water and sewer bills.  If the sale price does not cover those expenses, the sellers could be left paying out more than they are getting for the property.”
In another case, Getman noted, the offer required to seller to convey to the buyer all personal property located on the land.
“That could include items such as expensive appliances, motor vehicles or even items of sentimental value,” Getman said.
Therefore, property owners should review any documents very carefully and consult an experienced attorney before signing any type of agreement, Getman said.
Philbin and Getman offered several tips to property owners who receive unsolicited offers to buy their land:
Never sign anything until you are sure you want to move forward. 
Have your own attorney review the document before your sign them. If you do not have an attorney, the New York State Bar Association may be able to refer you to an appropriate attorney via the NYSBA Lawyer Referral and Information Service: https://www.findalawyernys.org.
Check out the would-be buyer online. If someone is legitimately interested in buying your home, you should be able to retrieve information about them. Look for any red flags such as bad reviews or lawsuits.
Ask for references. If the buyer will not offer any, something is wrong. If their references are sketchy and cannot be verified, you need to rethink doing business with that person. 
Find out the fair market value of your home before you agree to a price.
Consider bringing in a real estate professional to represent you and give you a fair opinion of your land’s value. If the buyer is legitimate they should be willing to discuss terms with your agent.
If selling your property seems like a good idea, do not jump at the first offer made (especially if it represents just a small fraction of the land’s worth).
Finally, if you receive anything in the mail about your property that seems questionable, Philbin and Getman said that you can contact the County Clerk or, in the event of possible criminal activity, local law enforcement.
“Keep in mind that this is often totally legitimate,” Getman said. “The goal here is to understand what you may sacrifice for convenience.”
“Know your rights before you sign,” Philbin said.
The Schuyler County Clerk is responsible for all books, files and other necessary equipment for the filing, recording and depositing of deeds, maps, papers in actions and special proceedings of both civil and criminal nature, judgment and lien dockets and books for the indexing of the same as directed or authorized by law.
The Schuyler County Attorney is the legal advisor for county government and its various officials. The County Attorney prosecutes and defends civil actions on behalf of the county and county employees acting pursuant to their official duties.
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getmanlaw · 1 year
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Fair Trial/Free Press Conference: Local media, the law, and alleged police misconduct
Albany Law School, the New York University School of Law, and the New York Fair Trial/Free Press Conference are sponsoring 2023 Fair Trial/Free Press Conference, to be held on April 24, 2023, from 11:30 a.m. – 2:00 p.m.
Hear from a distinguished panel of judges, prosecutors, print and broadcast journalists, media counsel, and other practicing attorneys during the Fair Trial/Free Press Conference.
The conference combines a discussion of a hypothetical scenario with an overview of media law. Panelists will discuss the legal, political, and ethical issues that arise after a reporter is arrested while covering a police-involved shooting.
This free event is open to the public. Lunch will be provided and CLE credits are available to attorneys who register and attend.
Interested persons can attend in person in New York City and the event will be live-streamed as well.
For more information, including how to register, click here.
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getmanlaw · 1 year
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Schuyler County: Gideon's Day Celebration is March 17
The Schuyler County Public Defender's Office is holding an Open House on Friday, March 17th from 2pm to 4pm. It will be celebrating the 60th Anniversary of the Supreme Court Decision in Gideon v. Wainwright:
Gideon v. Wainwright is a landmark case in which the U.S. Supreme Court ruled on March 18, 1963, that the 6th Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own.
Clarence E. Gideon was charged with felony breaking and entering in a Florida state court. He requested an attorney, but the judge denied him because it was not a capital case. With only an 8th grade education, he represented himself and was convicted after a trial. He appealed all the way to the U.S. Supreme Court who ruled the 6th Amendment requires the state to provide an attorney because he could not afford one. Upon retrial Mr. Gideon was acquitted by the jury after only an hour of deliberation.
Please stop by to enjoy some treats, talk with our staff, and learn more about the important role public defenders and defense attorneys have in our criminal justice system and the service they provide to our community as a whole.
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getmanlaw · 1 year
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Schuyler officials taking extra steps to help property owners avoid tax foreclosure
Over the next few weeks, some tax delinquent Schuyler County residents will be getting a personal letter from County Treasurer Holley Sokolowski and County Attorney Steven Getman.  
The message is polite and to the point: Please pay your back property taxes before February 28.
That’s the date after which, if taxes are not paid, a Schuyler County Court Judge may enter a judgment ordering the property seized and sold at public auction.
In an attempt to prevent that, Sokolowski and Getman are sending the letters, with handwritten notes on the envelopes, to approximately eighty property owners who still haven’t paid their back taxes.
“The letter reminds them of the deadline and provides options to avoid the foreclosure,” Sokolowski said. “Eligible property owners can pay the full amount due or arrange for an installment agreement.”
“It's the job of the county to collect taxes, but the main focus here is keeping people on their property and in their homes," Sokolowski said.
The letters also mention some of the services county tax dollars support, including law enforcement, public health, roads and bridges and social services.
The letters are based on research that found people are more likely to respond to personal letters and handwritten notes than to form documents, Getman said.
 “A form letter may look like junk mail and get tossed,” Getman explained. “Handwriting shows the letter deserves more attention and sends a message that this is important.”
The letters are only the latest step in the county’s efforts to collect overdue taxes while keeping people in their homes.
According to Sokolowski, each November, the county mails out Foreclosure Notices and Petitions to properties with back tax liens from the prior year.  Those notices go out by both regular and certified mail to property owners, mortgage holders and others with identified interests in the delinquent properties.
“The county also publishes a list of the delinquent taxes in two local newspapers and, in certain cases, posts warnings on the properties that they could be sold for back taxes,” she noted.
Only after each of those steps occurs, Getman explained, does the court enter a judgment foreclosing on the property.  
After the court issues the foreclosure, the properties, if unredeemed, are sold at a public auction.
“The law requires the county to take every step to enforce the property tax laws and ensure that everyone pays their fair share,” Getman said. 
"This is really just another way to do that, above and beyond what the law requires, while making sure we're keeping people in their homes and businesses."
As County Treasurer, Sokolowski is the chief fiscal officer of county government and enforcement officer for unpaid property tax liens. 
As County Attorney, Getman is the chief legal advisor for county government and responsible for the prosecution and defense of civil actions brought by and against the county, including tax matters.
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