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Old 05-09-2018, 11:52 AM
 
Location: Columbia, SC
8,862 posts, read 17,486,453 times
Reputation: 6244

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Quote:
Originally Posted by MrRational View Post
Yeah... we've all gone around on that idea before.
I'm sticking.

EVERY buyer needs an attorney.

Attorneys exist to avoid having them in the first place.
See the difference?

I guarantee you that even one of your incompetent TX attorneys
would have looked over the sales contract and pointed out the tax lien question.

It all makes me what other encumbrances and problems the OP hasn't learned about yet.
If I was in a title company state and bought a house, would I need an attorney? I have participated in some fashion in 2000+ real estate transactions?

Would Mark, who is an attorney, need to hire an attorney? Of course not, so everybody does not "need" an attorney.
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Old 05-09-2018, 12:37 PM
 
Location: The Triad (NC)
26,928 posts, read 58,162,405 times
Reputation: 29429
Quote:
Originally Posted by Brandon Hoffman View Post
If I was...
But it's not about YOU. Is it?

It's about uninformed and inexperienced people who don't even know what questions
they need to ask making what is often the biggest financial transaction of their lives.
These people need protection and guidance.

Quote:
Would Mark, who is an attorney, need to hire an attorney?
Are you suggesting that an attorney would be wise to represent themselves?
---

So, to repeat myself yet again, regardless of what the title company is doing
and regardless of how they are being paid to do it... the BUYER needs help.
Help from the outset and they need that help from someone independent.

Have your own.
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Old 05-09-2018, 12:47 PM
 
3,081 posts, read 1,232,652 times
Reputation: 6139
Quote:
Originally Posted by Brandon Hoffman View Post
If I was in a title company state and bought a house, would I need an attorney? I have participated in some fashion in 2000+ real estate transactions?

Would Mark, who is an attorney, need to hire an attorney? Of course not, so everybody does not "need" an attorney.
Or you can hire a title company that hires mostly attorneys. The one I used was staffed and owned by attorneys.
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Old 05-09-2018, 03:12 PM
 
1,694 posts, read 2,789,603 times
Reputation: 1774
Quote:
Originally Posted by nicintn View Post
I bought a lot a few months ago and recently had to go to City Hall. While I was there, they informed me that the city taxes were a few years behind. When I bought the property I did not have my own realtor and went through the seller's realtor. She told me that I could have a title search done so I went ahead and paid the extra money for it. At closing I had asked her if the taxes were up to date and she said yes. It is also stated in my paperwork that the taxes were paid in full and up to date. When I texted the realtor after closing and told her she stated again that the taxes were up to date. If I paid for the title search and was given false information for whatever reason, who would be responsible and any ideas of what I should do? I've already paid for the past due taxes. Any advice would be helpful!
Sue everyone! It's the American way!!

SS
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Old 05-09-2018, 04:22 PM
 
Location: Saint John, IN
10,653 posts, read 3,351,857 times
Reputation: 12766
Quote:
Originally Posted by MrRational View Post
Yeah... we've all gone around on that idea before.
I'm sticking.

EVERY buyer needs an attorney.

Attorneys exist to avoid having them in the first place.
See the difference?

I guarantee you that even one of your incompetent TX attorneys
would have looked over the sales contract and pointed out the tax lien question.

It all makes me what other encumbrances and problems the OP hasn't learned about yet.
I agree! Always get an attorney!!
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Old 05-09-2018, 04:54 PM
 
8,414 posts, read 7,415,177 times
Reputation: 18334
The people in attorney states, do not realize that a title insurance state you do not need an attorney.

#1 reason---Attorneys also make mistakes. Problem with attorney's, is if they make a mistake like this, you have to hire another attorney to sue them to get those taxes paid. This is a lot of trouble.

The Title Insurance, is a guarantee if they had made a mistake, that they will solve the problem. The title insurance, will pay for the mistake, that said taxes were paid to date when they were not. That is the purpose of a title insurance policy. I have seen problems like this solved quickly and without fuss. If they make a mistake like this, they solve the problem, that is why it is called insurance. Consider it more like automobile insurance. If your car is in a wreck, the insurance company pays to fix it up. Title insurance company makes a mistake such as missing there were taxes due, they pay for the taxes same as a car insurance company fixes wrecked cars.

Having observed how well this works in Title Insurance States, I would much rather have title insurance, than have an attorney look over the papers and advise me. If the attorney makes a mistake they are not wanting to in this case, have to pay for the mistake by paying all those back taxes.

There is another party in all of this, that is also responsible and that is the Realtors that said they had checked and the taxes were all paid. Send a complaint to the State Association Of Realtors, that the Realtors had claimed taxes were paid, and they had not been. They will send it to arbitration, with a top arbitrator who in cases like this will rule in favor of the buyer, and order the Realty firm to pay the tax bill. They do this, to protect the reputation of Realtors. I can give you examples of this, and how the ruling told the Realtors to immediately pay for their error, and if not the Realtors would no longer be Realtors, and actually would end up out of business. If the Realtors do not directly pay, they will have an insurance police called errors and and omissions insurance insurance that will pay the bill. Realtors rather than turn it over to the insurance will pay it themselves rather than face much higher insurance premiums.

These two things in a title insurance state, sure save buyers and sellers a lot of attorney bills, and the problems are solved a lot faster, and easier and without any expense, than paying all those attorney bills.
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Old 05-09-2018, 06:28 PM
 
Location: The Triad (NC)
26,928 posts, read 58,162,405 times
Reputation: 29429
Quote:
Originally Posted by oldtrader View Post
The people in attorney states, do not realize that a title insurance state you do not need an attorney.
You say that like it's a good thing.

In any case it's not about needing one in order to close a sale...
it's about the plain common sense of a BUYER having that someone there for them.

People out west consider their approach to be superior.
I'm here to tell you they are wrong.
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Old 05-10-2018, 04:33 PM
 
742 posts, read 408,679 times
Reputation: 1104
Quote:
Originally Posted by MrRational View Post
Once again... we see an example of a buyer who needed an attorney.
And at the outset of the transaction.
Does a real estate attorney check to see that prior years taxes were paid?
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Old 05-10-2018, 06:09 PM
 
8,768 posts, read 10,438,576 times
Reputation: 13824
Quote:
Originally Posted by nicintn View Post
I bought a lot a few months ago and recently had to go to City Hall. While I was there, they informed me that the city taxes were a few years behind.
Go over the documents the City gave you to see if those taxes are in fact on your property; equally possible the City made a mistake. If it is on your property, contact the title company as they will do their own investigation to see what is what. It's possible the taxes were paid at closing but never sent to the City. Or the monies paid, but someone at the City forgot to press the right key and the bill appears delinquent.
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Old 05-10-2018, 06:32 PM
 
6,365 posts, read 7,369,788 times
Reputation: 10833
Quote:
Originally Posted by nicintn View Post
Yes I purchased title insurance. It is in the signed paperwork that the taxes were paid up to date. My initial thought was to call the title company but I wasn't sure if they would be helpful because it seems as though it was their mistake. I could try to go after the seller but have a feeling that would be a waste of time because they are unemployed and don't strike me as people who pay their debts and that's putting it very kindly
Then contact the title company and let them take care of it. They may choose to go after the Seller for reimbursement, but that's not your problem.
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