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I don't know if it would have cost your relative more to get the homestead rebate due her since it would appear whoever drew up the HUD form was responsible as well as her advisor. They apparently put it on the wrong line. I wonder what the buyers and their advisor - realtor/atty - thought. Just took the windfall I guess.
If you're talking about New Jersey the survey is commonly required by the lender. The buyer chooses and works with the lender. So the buyer pays for their lender's appraisal so the buyer can get their home loan and the buyer pays for their lender's survey so the buyer can get their home loan.
So....where's the buyer that the survey company can't get them?
People make mistakes. That doesn't mean they should be liable to pay for any involved services that were performed for someone else.
On our last purchase, the Title Company mistakenly charged the seller, rather than us, for pro-rated taxes (about $3-4K). When they advised us of the problem (after the closing, I didn't think, "It's your mistake, you or the seller are stuck with it" -- That would have been dishonest! -- Ethics should not be determined by legal technicalities or convenience.
I don't know if it would have cost your relative more to get the homestead rebate due her since it would appear whoever drew up the HUD form was responsible as well as her advisor. They apparently put it on the wrong line. I wonder what the buyers and their advisor - realtor/atty - thought. Just took the windfall I guess.
If you're talking about New Jersey the survey is commonly required by the lender. The buyer chooses and works with the lender. So the buyer pays for their lender's appraisal so the buyer can get their home loan and the buyer pays for their lender's survey so the buyer can get their home loan.
So....where's the buyer that the survey company can't get them?
Yes, NJ. She didn't have a lender. She bought the place with "cash". But the purchased property was a short sale - I don't know if that would make a difference or not?
She still had to have title insurance, perhaps the survey was required by the title company in a "no lender" case?
My family member was only away when the closing finally happened. Had planned her big trip with friends about a year in advance. She was supposed to close over the summer but it ended up getting pushed back a few times and of course, took place while she was away in the late fall.
The survey company contacted the title company and the title company contacted her lawyer. I don't know if that's protocol or not.
I think I'd be having a talk with the closing attorney/title company and point out that, since they screwed up on the homestead reimbursement and got a pass for that, they need to suck it up and pay the survey.
Around here, at least, the attorney's office asks if the buyer wants a survey, and gives the buyer a form that the seller fills out, along with credit card information, and sends it to the surveying company. It isn't often billed at closing, because the survey company wants to get paid regardless of whether or not the deal closes. :-)
While I agree that two years is a ridiculously long time to discover you haven't been paid, it's also true that your relative a) dd order a survey, or had one ordered on her behalf; and b) she has received a benefit from the survey. To sum it up, the money is owed to the company who did nothing but a) do a survey and b) made a mistake on their accounting.
And yes, it comes through quite clearly that you don't like the attorney, and think your relative is an idiot for using them. Suck it up, buttercup, and stop with the "I TOLD you!" self-rightousness. All's it does is **** people off. :-)
Yes, NJ. She didn't have a lender. She bought the place with "cash". But the purchased property was a short sale - I don't know if that would make a difference or not?
She still had to have title insurance, perhaps the survey was required by the title company in a "no lender" case?
My family member was only away when the closing finally happened. Had planned her big trip with friends about a year in advance. She was supposed to close over the summer but it ended up getting pushed back a few times and of course, took place while she was away in the late fall.
The survey company contacted the title company and the title company contacted her lawyer. I don't know if that's protocol or not.
Ah. So at first it seemed you were referring to that closing of the home your relative was selling .... including the survey. That is why I said the buyer should pay for the survey. But it seems now the survey you are talking about that was not paid was on the home your relative was purchasing.
So, why did she get a survey if she paid cash? And actually in a short sale or foreclosure it seems like one gets fewer services, less info and fewer guarantees....rather than more as in having the survey done.
She needs a good lawyer. She must see what the bad one has done for her so far. Maybe a good letter on that legal firm's stationary can help out. The survey company needs to prove who requested the survey. It may have been the title company assuming there was a loan.
I think I'd be having a talk with the closing attorney/title company and point out that, since they screwed up on the homestead reimbursement and got a pass for that, they need to suck it up and pay the survey.
Around here, at least, the attorney's office asks if the buyer wants a survey, and gives the buyer a form that the seller fills out, along with credit card information, and sends it to the surveying company. It isn't often billed at closing, because the survey company wants to get paid regardless of whether or not the deal closes. :-)
While I agree that two years is a ridiculously long time to discover you haven't been paid, it's also true that your relative a) dd order a survey, or had one ordered on her behalf; and b) she has received a benefit from the survey. To sum it up, the money is owed to the company who did nothing but a) do a survey and b) made a mistake on their accounting.
And yes, it comes through quite clearly that you don't like the attorney, and think your relative is an idiot for using them. Suck it up, buttercup, and stop with the "I TOLD you!" self-rightousness. All's it does is **** people off. :-)
She agreed to split the cost with her lawyer.
Her lawyer will pay $250, she will pay the other $250.
I never said anything about the lawyer other than we told her not to use him (because he's "semi-retired" & not available to his clients as someone who isn't) & that he initially stated that he didn't make the mistake so he didn't feel responsible for it.
Not sure where you saw that I think my elderly relative is an idiot for making her own decisions or self righteous indignation either.
Title insurance companies will often require a recent survey in order to remove exceptions in the title insurance policy.
There you go! Sounds reasonable to me.
Thanks!
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