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Old 05-08-2018, 04:59 PM
 
2 posts, read 1,688 times
Reputation: 13

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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!
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Old 05-08-2018, 05:03 PM
 
Location: Bloomington IN
6,545 posts, read 7,812,790 times
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I'd start with a call to the title company. I assume you also purchased title insurance?
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Old 05-08-2018, 05:13 PM
 
Location: Columbia, SC
9,092 posts, read 18,089,796 times
Reputation: 6720
If everything from the agent was verbal you would have a difficult time going after her for lack of proof. If you have a document that taxes were paid and seller signed it you could go after the seller. You should be able to go back after it from the seller anyway. If the title company closed it without collecting taxes you may be able to go back after them as well. Title insurance could kick in if it escalates.
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Old 05-08-2018, 05:25 PM
 
2 posts, read 1,688 times
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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
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Old 05-08-2018, 05:30 PM
 
Location: Ocala, FL
3,312 posts, read 6,143,263 times
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IMHO, if the title agency neglected to determine that there were back taxes, they should have insurance to protect you. and should be held responsible to pay them. Let us know how this is resolved.
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Old 05-08-2018, 07:36 PM
 
Location: Raleigh NC
9,419 posts, read 7,204,480 times
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Since we don't use just title companies, in my market, it's hard for me or anyone in a similar market to give you a good answer.

However, I cannot imagine where the authority who closes the purchase transaction doesn't have responsibility to determine what is required for you to have good title (ie, no liens, and taxes are a lien) to the property. And through that process, they have title insurance companies that back them up, to say effectively "yep, this property is all good to go. We';; cover any title/liens claims against the Buyer".
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Old 05-08-2018, 09:21 PM
 
85 posts, read 44,558 times
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If title company missed taxes, the title policy YOU paid for will cover the taxes. I hope you’re not confusing the title work paid for by seller. That does not cover YOU.
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Old 05-09-2018, 06:06 AM
 
Location: The Triad (NC)
28,503 posts, read 62,217,072 times
Reputation: 32192
Once again... we see an example of a buyer who needed an attorney.
And at the outset of the transaction.

OP: Spend the money you should have before and maybe they'll
be able to get you out of the hold you're in to have the seller
or their agent pay those back taxes out of the sale proceeds.
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Old 05-09-2018, 08:13 AM
 
1,759 posts, read 2,451,938 times
Reputation: 3541
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.

OP: Spend the money you should have before and maybe they'll
be able to get you out of the hold you're in to have the seller
or their agent pay those back taxes out of the sale proceeds.
If OP is in a title company state there is no need for an attorney. An attorney in a Texas transaction screws up the transaction more often than not.

Title companies exist to clear up issues like this. If he has an owners policy, and the taxes were not paid when they said they were - no big deal - send a certified letter to the tile company, and its their problem. They will deal with issues like this expeditiously.
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Old 05-09-2018, 09:14 AM
 
Location: The Triad (NC)
28,503 posts, read 62,217,072 times
Reputation: 32192
Quote:
Originally Posted by marksmu View Post
If OP is in a title company state ...
Yeah... we've all gone around on that idea before.
I'm sticking.

Quote:
...there is no need for an attorney.
EVERY buyer needs an attorney.

Quote:
Title companies exist to clear up issues like this.
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.
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