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Old 04-07-2010, 01:34 PM
 
92 posts, read 345,286 times
Reputation: 83

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Here's the scenario.

We bought a house in July of 2009 with cash. We also purchased title insurance because it was a foreclosure.

I just went to pay my property taxes online and noticed they were significantly higher this year than last and saw a "special assessment". I called the County and was told that this was for a deseased tree that was removed by the city in 2009, that wasn't paid for by 11/15/2009. We never received any type of bill for tree removal. There was not a tree removed from our property since we purchased the house and it doesn't appear that a tree was removed from the property for a really long time. There is one stump in the back yard but it looks incredibly old (it has turned a dark color and is starting to rot) I told the County tax person this and she told me to contact the City and ask when the tree was removed/originated and if it was prior to us buying the house that our title insurance would cover it b/c it is a lein on the property and the title company should've caught this when they did their title search. I called the city, left a voicemail but haven't gotten a response yet.

Has anyone ever had an issue like this? Or had to go back to the title company with an issue and did they end up paying it?

I'm also wondering if possibly the city attached it to the wrong parcel?? I swear if its not one thing its another!
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Old 04-07-2010, 01:55 PM
 
1,895 posts, read 3,407,218 times
Reputation: 819
do what the county tax person said, and find out when the tree was removed. get a copy of the lien, and provide that information to the title company who provided the insurance.
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Old 04-07-2010, 01:56 PM
 
1,895 posts, read 3,407,218 times
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also, you can do a search in the deed records building...search the previous owner as grantee and that should provide you with the lien filing, and when it was filed.
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Old 04-07-2010, 08:38 PM
 
Location: NW. MO.
1,817 posts, read 6,844,746 times
Reputation: 1377
Call the city and get copies of all the paperwork they have regarding the tree issue. There would have had to be notices, and then a final bill sent after the work was done. If it was before you closed and you had no notice of any of this, you should be able to get the title company to cover it and IF it was in the process with the city and not filed as a lien when you closed then you have to argue with the city. I did go through this exact thing. One lien was on the property and the title company missed it, and one was in the process and the previous owners knew and told me nothing. I had to flip the property and found out when i went to sell that there were 2 liens. The title company paid one and I had to fight the city to get the other one off because it was done before I ever had the property and I never had any notice of any of it.
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Old 04-09-2010, 10:31 AM
 
92 posts, read 345,286 times
Reputation: 83
The trees were removed on 9/22/08. Bills were sent to the owners at the time & also to the Federal Home Loan Mortage Corp after the foreclosure took place. Notices went unpaid. It was actually placed as a lein on August 3, 2009. We closed July 23, 2009. According to the county the title search should've shown an assessment pending and the title company should've looked into it at the time.

I've left a message with the title company, they haven't called me back. Do you think we will get stuck paying it since the lein wasn't actually placed until 11 days AFTER we closed?

Misplaced1, did the city eventually remove the second lein or did you have to pay it?

Thanks for all the responses!
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Old 04-09-2010, 12:02 PM
 
Location: Lead/Deadwood, SD
948 posts, read 2,784,300 times
Reputation: 872
Some title companies pay immediately upon discovery of one of their mistakes - others will fight tooth and nail and have the standard file a complaint/claim form sent too them - at that point some will pay while others will wait until your attorney contacts them - then some will continue to fight it until the judge says hey, pay this - or the claimant runs out of $, weighs cost to fight it and gives up.
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