[WSBAPT] Senior Citizens refund sent to Bank

[Josh Grant]

I have a client who applied and was granted a senior exemption for 2016.  To the client’s surprise, the County Treasurer’s Office , without notice, sent the  refund to a bank with a note to my client: “Please note: State Law requires us to send the refund back to the person or Mortgage Companies whom have paid that year’s property tax”. No citation of a statute.
Assuming there is such a statute, has anyone had any luck claiming a re-refund to client from Mortgage Companies (servicer) where the obligation is no longer legally collectible?  The facts of this case were unusual.  We prevailed on a judicial foreclosure action where the court ruled that my client,   was not liable for the secured debt and title was quieted in favor of my client.  During the 3 years of litigation, we repeatedly told the bank “don’t pay the taxes”.   They paid them anyway and so I can see why they may feel entitled to the refund.

Josh

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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