All Forum Posts by: Edmond Dantes

@Edmond Dantes That's good news... the judgment entered in the tax sale foreclosure case was vacated (rescinded) and that case has been dismissed (ended).

All you care about now is being made whole for the money you spent... and it actually doesn't matter who pays you. The title agent will likely go out of pocket now and pursue the seller for the shortage.

@Edmond Dantes Definitely file a title claim. My answer above concerned only the 2020 taxes. 

Since you were given a buyer-side only HUD we don't know what was charged to the seller, but apparently it was short. It does appear that you have since been forced to pay some prior years taxes, interest and penalties in order to protect your interests.

Making the claim will immediately force the insurer, agent and seller to figure out who owes what.

@Edmond Dantes

I feel like the property manager may have a measure of liability as well. If the county returned the check to him/her, why were they not aware of it and inform you? The other fishy detail here is that on your HUD it has county taxes as paid.

Definitely title insurance should cover you otherwise with the previous owners taxes and previous mortgage. As far as attorney fees, if not your fault, maybe you can be reimbursed by the parties at fault.

And yes dismissed means problem over.

@Edmond Dantes Definitely file a title claim. My answer above concerned only the 2020 taxes. 

Since you were given a buyer-side only HUD we don't know what was charged to the seller, but apparently it was short. It does appear that you have since been forced to pay some prior years taxes, interest and penalties in order to protect your interests.

Making the claim will immediately force the insurer, agent and seller to figure out who owes what.

@Edmond Dantes There is only an adjustment between buyer and seller on the settlement statement. So while the 2020 taxes were adjusted between buyer and seller (as if the buyer was paying them), there was no charge to the buyer and no payment made to the state/county for the unpaid taxes. Title company error.

Your images do not show the line 511 dollar figure, but it really doesn't matter now as there was no payment made to the state/county. You'll need to crunch the numbers again factoring in penalties and interest, etc.

If the 2020 taxes are now paid there is no lien to foreclose so you should be clear. I assume you'll post an update when this is all ironed out. Good luck.

@Edmond Dantes There is only an adjustment between buyer and seller on the settlement statement. So while the 2020 taxes were adjusted between buyer and seller (as if the buyer was paying them), there was no charge to the buyer and no payment made to the state/county for the unpaid taxes. Title company error.

Your images do not show the line 511 dollar figure, but it really doesn't matter now as there was no payment made to the state/county. You'll need to crunch the numbers again factoring in penalties and interest, etc.

If the 2020 taxes are now paid there is no lien to foreclose so you should be clear. I assume you'll post an update when this is all ironed out. Good luck.

@Edmond Dantes There is only an adjustment between buyer and seller on the settlement statement. So while the 2020 taxes were adjusted between buyer and seller (as if the buyer was paying them), there was no charge to the buyer and no payment made to the state/county for the unpaid taxes. Title company error.

Your images do not show the line 511 dollar figure, but it really doesn't matter now as there was no payment made to the state/county. You'll need to crunch the numbers again factoring in penalties and interest, etc.

If the 2020 taxes are now paid there is no lien to foreclose so you should be clear. I assume you'll post an update when this is all ironed out. Good luck.