I have been researching Portnoff and the tax collection scheme for 5 years now. Although the procedures are very confusing by design, the one lesson I’m taking away from this is how the law is not black and white…It’s how it’s interpreted. It also reminds me how clueless I was on election days. I never took the time to research judges on the ballot and it took this experience to realize how important it is to elect competent, honest judges because case law is often referenced in current court proceedings.

The Real Estate Tax Sale Law of 1947(RETSL) and the Municipal Claim and Tax Sale Law of 1923(MCTLA) are two laws that outline the procedures for the collection of delinquent property tax, but very differently. A few court opinions sided with the MCTLA since it was the original law going by the date in it’s title. Other opinions sided with the RETSL stating that a new law repeals an old one that governs the same process.

 Whenever a statute purports to be a revision of all statutes upon a particular subject, or sets up a general or exclusive system covering the entire subject matter of a former statute and is intended as a substitute for such former statute, such statute shall be construed to supply and therefore to repeal all former statutes upon the same subject.

This collection scheme is extremely flawed, it has cost homeowners their homes, their equity and peace. This targets the most vulnerable in a community, the poor and the elderly. Because they own the home outright. Portnoff has the local government agencies believing that it affects scoff-laws and slumlords. They boast how they can pass the fees to the homeowner, but the only fees passed are the fees incurred when contracting with Portnoff.

There are three property tax bills, the county, borough and school district. The county collects with the Tax Claim Bureau, the school district started collection with Portnoff 25 years ago and the borough recently switched to Portnoff in 2021. This is one house with 3 tax bills and Portnoff attaches fees to 2 bills. Charging for attorney fees and costs twice for one house.

The face value of the tax bill is the amount owed to the local government, plus 10% penalty, the 5% fee for the tac claim bureau and a 40 dollar fee for postage on the initial letter. From the inflated total they charge interest and add attorney fees, costs

  1. Portnoff contacts local governments to solicit their services with a presentation filled with half truths and false statements,=FRAUDULENT MISREPRESENTATION.

  2. Portnoff aggressively pursues homeowners sending numerous legal documents with threats of legal proceedings and outrageous fees to compel payment in coercion tactics- ABUSE OF PROCESS -using legal process to accomplish a purpose not intended for.

  3. Does the goal of the government (taxes) validate the means being used to accomplish that goal? Hiring a third party for-profit debt collector that triples your bill and takes your home if you don’t pay up hardly justifies the action. The Tax Claim Bureau is a less restrictive way to accomplish that goal. SUBSTANTIVE DUE PROCESS

  4. Per Portnoff’s contract required to be signed by the municipalities, Michelle Portnoff and all lawyers employed by her are appointed as Solicitor to file liens on properties and file fraudulent amounts owed acting under the Color of Law while violating the ETHICS ACT.

  5. Also per contract, municipalities agree the fees charged are reasonable and payments are applied to attorney fees first, any additional costs second and the actual taxes are paid last. PA STATUTE 8429 in Pennsylvania deals with the application of payments made by taxpayers to local taxing authorities. It specifies that taxes should be applied first to the tax amount, then to interest, penalties, and finally to other fees or charges. PA STATUTE 2962 (e) states that statutes supersede local government ordinances.

  6. The federal priority statute, 31 U.S.C. § 3713, provides that, when a debtor of the United States is insolvent and not in bankruptcy, it must pay its debts to the government first before paying any other creditor. Its purpose is "to secure adequate public revenues to sustain the public burden,"

  7. The Municipal Claim and Tax Lien Act singles out a class of tax debtor, (equal protection clause) and imposes a legislative punishment without a judicial trial. The legislation amounts to a prohibited Bill of Attainder.

    Art. 1, sections 9 and 10 of the U.S. Constitution.

  8. If it is permitted to delegate tax collection, the law must create standards:

    Before any agency can decide whether a contract is contrary to public interest, it is necessary to find out what is or what is not in the public interest. The power to make such determination rests with the legislature. Without such declaration, the agency would be without a standard or criterion.

    Accordingly, the legislature must surround such authority with definite standards, policies and limitations to which such administrative officers, boards or commissions, must strictly adhere and by which they are strictly governed. If the legislature fails, however, to prescribe with reasonable clarity the limits of the power delegated or if those limits are too broad; its attempt to delegate is a nullity.




SUBSTANTIVE DUE PROCESS

All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness. 

Fraudulent Misrepresentation: intentionally making a false statement to deceive someone into a contract or transaction, leading to harm or loss, and is a serious cause of action under both business and contract law

5% charged by Tax Claim Bureau?

Portnoff states how the tax claim bureau collects 5% of the delinquent bill as another reason to contract with them, an alternate process to save money. Except the 5% covers the costs of tax collection and its required to be collected even when not using them for collecting the tax.

Tax Lien?

Also when a house does go to tax sale, it is the Tax Claim Bureau that holds the sale. The Tax Claim Bureau follows the laws of the Real EstateTax Sale Law. The costs and fees Portnoff tacked on to the tax bill aren’t recognized in the Real Estate Tax Sale Law. Also the proceeds of the sale are paid fourth, not second. This is a municipal lien, not a tax claim. The municipality is usually left receiving a small portion of the proceeds it was owed.

BACK

Pass the fees to the homeowner?

What fees? The fees they advertise to pass to the homeowner are these fees only incurred by contracting with Portnoff. This doubles even triples the original fees by allowing them to attach fees, costs and attorney expenses to the lien placed on your home.

How much of the extra fees does the municipality get to keep?

0. This does not benefit the municipality at all.

Sympathetic Hardship Program?

List all your income and assets of everyone in your household. This includes pensions and 401K’s, assets such as real estate and cars. Then list all your bills, mortgages, cell phone, cable utilities. They decide if you are a hardship. 2 cars? Denied. Cable television? Denied. A lot of sensitive information is required to provide this bottom feeder.

What if my house doesn’t get a high enough bid to pay their fees?

They go after your assets. Luckily you already listed them of the hardship application.

PUBLIC ASSET MANAGEMENT