CA Tax Credit Unfair Practice for First Time Home Owner
CA Franchise Tax Board Unfair Practice
garden grove, CA 92840
United States of America
Yet the AB 183 does not say a limit 14 days after the closing of escrow. At that time most people believe that it would be the same as IRS Credit for first time home owner.
I bought my first home and closed escrow account on 05/19/2010. My realtor as well as the escrow employees did not know about this 14 days limit. No body told me about that until I visited FTB website on 06/07/2010. Even though, it was late 5 days, I faxed my application on that day. And my application was denied.
There is only Website of FTB saying about this limit. The time from the date signed by Governor Schwarzenegger to the date my escrow closed was too short to spread the information of the 14 days limit imposed by FTB. I believe it is unfair and unethical practice. It is unfair because it is not a first-come, first-served basis as the law said. I submitted application and bought a house first, but my application was denied because 14 day limit. Whereas, other homeowners bought a house after me and submitted application after mine, but their application were approved.
FTB should announce clearly and widely on radio, TV, not only on its website and should allow the time enough for the information reach the recipients.
FTB should do more and clear because normal people may assume it is the same as IRS. I believe that FTB law of 14 day limitation is not a mirror of Governor Schwarzenegger mind.
If you visit this web site on 03/26/2010 you can see no info about 14 days limit law of FTB.
FTB 14 days annoucement
http://www.ftb.ca.gov/individuals/new_home_credit.shtml?WT.mc_id=HP_Feature_HomeCredit_Hed
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5 Comments
Post a CommentBelieve it or not, I am still loosing sleep over this deadline.
About time to give up.
The application for the home credit was so easy to fill out and there was plenty of room to place the 14 day deadline on the application. Why wasn't it put on the application it self. All it had to say is " your application must be received 14 days after you closed escrow". This process was very misleading! Even on the instructions it says two weeks, not 14 days. I know 2 weeks is 14 days, but that could mean week days as well. Very Very misleading. This done to get consumers to buy homes and deny their Home buyer credit. An investigation must be done!
I submitted my first time home credit and it sat at the office of FTB for over 6 months. Why the rush to get the application in if its just going to sit.
The fact that the seven day deadline was increased to 14 days shows there was a deliberate attempt to mislead the consumer. Seven day was too obvious so it was increased to 14 days. When most people close escrow they began moving in their new home, and once settled their new home (which is about 2 weeks) they have missed the deadline to turn in their application.
I would love to see the stats that project how many consumers would miss the deadline.
When I did my investigation to see if I qualified for the program there was nothing stating that you needed to get your application in before a deadline. Instead the 14 day deadline is buried in hundreds of escrow papers. Why wasn't the deadline on the actual application? This was done to mislead consumers!
If the program is done on a first come first serve base
We are in the same situation! Our application was 2 days late not only because we did not know about the 14 day deadling but also becuase our local post office was holding our mail for 2 weeks without our knowledge! I have been fighting this since Sept/2010. I am now seeking an attorneys advice. I feel if we got more people in the same situation together we can make more of a difference!! I just dont know where to start??
Replied from FTB
Thank you for visiting the FTB website.
AB 183 does establish a 14 day deadline to receive your application in Section 17059.1.c.1.A and also Section 17059.1.h. The 14 day deadline was an increase from the deadline for the 2009 New Home Credit which was 7 days. As for spreading information about the program there were articles in newspapers and television reports from beginning of March 2010. While all these would get the word out about the program it is the buyer responsibility to find out all the details of the program when they apply for it. The most important place we could put the 14 day deadline would be on the instructions for the application. The deadline is stated on the instructions for the application in several sections to make it clear as you fill out the application. The link you provided was just a published article not the actual bill, I have attached a copy of the bill for you to review.
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