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Old 08-28-2017, 10:24 AM
Ep- Ep- started this thread
 
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hi i closed on a house this month. the sellers said they already paid the august HOA fees. at closing the title company people that collected all the money had me kick back half the hoa fees costs the the sellers (closed mid month). i got a bill from the hoa saying my august payment is due by the end of the month since the original owners never actually paid it.

is there any way to get the money back from the sellers since they lied about paying it? its not a ton of money so its not something to hire a lawyer over.
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Old 08-28-2017, 10:37 AM
 
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I know every state is different, but here in NJ, that is the kind of thing that the lawyers should make sure is right on the HUD.

I assume whatever service did your closing for you should have done the same (verified the August payment to the HOA)
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Old 08-28-2017, 10:39 AM
 
Location: Central Texas
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With the caveat that every state is different, the title company is supposed to confirm this with the HOA before closing, I believe. You might want to check with them.
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Old 08-28-2017, 10:39 AM
 
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It's the title company's fault if they prorated the fees without a written estoppel from the HOA.
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Old 08-28-2017, 10:45 AM
Ep- Ep- started this thread
 
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so what happens if the title company screwed up? do i need a lawyer to recover the money from their mistake. the sellers also lied about it too.

its only $40 for the half month so i am not going to get a lawyer but i also feel i should not be paying for it.
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Old 08-28-2017, 10:56 AM
 
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Iinsider is correct. I am a title agent and we request an estoppel for every sale that deals with a HOA. The estoppel should have highlighted what the seller's were paid through at the time along with some other important information. Title company should have made the appropriate collections/and proration's on the settlement statement.

Last edited by JPrzybylski07; 08-28-2017 at 11:19 AM..
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Old 08-28-2017, 10:58 AM
 
3,609 posts, read 7,918,577 times
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Quote:
Originally Posted by Ep- View Post
hi i closed on a house this month. the sellers said they already paid the august HOA fees. at closing the title company people that collected all the money had me kick back half the hoa fees costs the the sellers (closed mid month). i got a bill from the hoa saying my august payment is due by the end of the month since the original owners never actually paid it.

is there any way to get the money back from the sellers since they lied about paying it? its not a ton of money so its not something to hire a lawyer over.
First of all, the question is not what they "said" but what they agreed to in the contract.

If they agreed to pay this in the contract then they owe it. Maybe the Title company has the possibility to make corrections of this sort after the fact.

It's not even enough money to warrant going to small claims court.
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Old 08-28-2017, 11:24 AM
 
Location: Saint John, IN
11,582 posts, read 6,732,440 times
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Quote:
Originally Posted by Ep- View Post
so what happens if the title company screwed up? do i need a lawyer to recover the money from their mistake. the sellers also lied about it too.

its only $40 for the half month so i am not going to get a lawyer but i also feel i should not be paying for it.


I'd call the title company. Isn't that what you paid them for? They screwed up, let them eat it!
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Old 08-28-2017, 11:28 AM
 
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Yes call the title company if that's what you used
We use attorneys here but same thing
Just ask them why it shows as paid on the HUD when it wasn't and see what they say
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Old 08-28-2017, 11:50 AM
 
Location: Austin
7,244 posts, read 21,806,338 times
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Contact the title company. They should make it right as it was their mistake.
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