Tax rebate over use of road unlikely

Q: Although the short road leading up to my gated community is maintained by my homeowners association, the public sometimes uses it. How can I get a rebate on the tax money I pay the state toward road maintenance in general so I can use this money to defray the cost of maintaining our road?

A: You probably can't, says attorney Samuel Jacobs, because your road's maintenance is likely governed by a legal agreement between your local government and community association that obligates the association — not the government — to pay for it.

"It's extremely common for a jurisdiction to say, 'I'll give you a permit if you improve the road or build the road,' and that also deals with the issue of who pays for the road," said Jacobs, of the Seattle firm of Mosler Schermer Walstrom Jacobs & Sieler. "If the agreement stipulates that the road is a public right of way, then the government would assume maintenance costs."

But if the decision is made that the road is private, "then the government has no responsibility to maintain it," Jacobs said.

But even if there's no such agreement, your chances of diverting your tax money aren't good.

"One of the most fundamental premises of an organized society is that the government assesses taxes and then those funds are used by the government based on the decisions it makes for the general welfare," Jacobs said. "There's no specific nexus between the amount of money an individual pays in taxes and the benefit they get from it."

Q: My granddaughter is moving out of the apartment she's lived in for five years. The previous manager said she could paint the walls the colors she liked and never said anything about her having to return them to the original colors. Now the new manager says my daughter must repaint them before the new tenant moves in next week. Can the manager keep her deposit if she doesn't?

A: If your granddaughter signed a lease that required her to get written permission to make any alternations and she didn't do that, the new manager may have a good case, said Des Moines attorney Drake Bozarth.

But if there was no such requirement, and the original deal was verbal, then "the new manager isn't going to be able to refute what the old manager said, and the onus is pretty much on the new manager," Bozarth said.

If your granddaughter is confident she should get her deposit back and doesn't, Bozarth suggests that she take her case to small-claims court.

No one can say what a judge will do, but absent written proof to the contrary, it's "most likely the judge would rule she wasn't required to repaint, and she's entitled to get her deposit," he said.

Q: How can I quickly screen out disreputable mortgage brokers and find a reliable one without having to spend hours on research? Is there an agency or rating system that could help me?

A: Sorry, but there's no shortcut around doing your homework. However, since getting the right mortgage for your financial situation is so important, it's time well spent.

One place to start is with an information-packed Web site by Jack M. Guttentag, a professor of finance emeritus at Wharton School of the University of Pennsylvania. Known as "the Mortgage Professor," Guttentag teaches you how to shop for a loan and avoid fake rate locks, and other pitfalls.

His Web site is www.mtgprofessor.com (not to be confused with www.themortgageprofessor.com, which is an advertising site for lenders and others).

Another information-packed site, from the Washington State Department of Financial Institutions, specifically helps in-state borrowers.

"There's a ton of information about finding out about a company," said Chuck Cross, the department's director of consumer services.

"We don't endorse any specific lenders, but we can tell people if they're licensed or have had enforcement actions. People can also contact us and ask if complaints have been filed against a company."

The department's Web site is at www.dfi.wa.gov. Information can be found under the "Consumers" heading. It also contains information about how to spot a predatory loan.

Home Forum answers readers' real-estate questions. Send questions to Home Forum, Seattle Times, P.O. Box 1845, Seattle, WA 98111, or call 206-464-8510 to leave a question on a recorded line. The e-mail address is erhodes@seattletimes.com. Sorry, no personal replies. More columns at www.seattletimes.com/columnists.