View Full Version : Purchase of Pre-owned home but cheated by Title company who miscalculated tax
trekker954
12-13-2020, 11:29 AM
I wasn't sure where to post this to get some insight into my recent purchase here in TV. Problem: I purchased a pre-owned home in June 2020 through the Villages Property using their title company. It was an open house so the realtor got his double commission. During this time, everything for me, a cash buyer (the seller owned the house outright which he bought in Feb. 2019) was to be done electronically including the closing documents, because of Covid. My closing costs seemed minimal. I was credited $1441 for 2020 Taxes from the seller. I am not using my homestead as I still have a home in South Florida for a few more months.
Fast forward to receiving my tax bill which was well over $5000. First I called the title company who said the value of my house increased and told me they used the sellers 2019 tax bill for me and he benefited from his sellers homestead for 2019. Lake County told me my seller had never applied for Homestead (he had a home in PA) so of course his taxes went up in January, but the Title company did not go to their website or call the office to make sure they had the correct estimated tax bill for the seller.
So of course the Title Co rep is no longer with the company but after checking they more or less admitted fault because they sent the seller a letter explaining the error in not collecting enough for me and kindly asked them to make a check out to me for $590 and send it to them and they would forward to me. Well, the seller told them to go pound sand that he felt he lost money on the deal as it was (as a snowbird, he lived in the house such a short time in 2019, and pretty much decided to sell it in February (although not listed until June) because of Covid.
The Title Company came back and said I could always get a lawyer and sue him. Yes thats what the Title Company said. I've never been to small claims court, but I'm assuming that is my only option and I have no idea how much that would cost and if I do have a case. I was copied on the letter the Title Company sent to the seller as well as his response. Does the realtor have any responsibility? He is aware as is his manager and they are supposedly still looking into how this happened.
Obviously who gets an attorney for such a small amount, but had the Title company applied the correct amount the seller would just have credited it the correct amount to me. If a suit is to be had, wouldn't I go after the Title Company. I'm just annoyed they were so lazy as not to call or go on the website to get the correct amount for the 2020 taxes. So I end up paying for my sellers taxes all year rather than just six month.
Villageswimmer
12-13-2020, 11:38 AM
I wasn't sure where to post this to get some insight into my recent purchase here in TV. Problem: I purchased a pre-owned home in June 2020 through the Villages Property using their title company. It was an open house so the realtor got his double commission. During this time, everything for me, a cash buyer (the seller owned the house outright which he bought in Feb. 2019) was to be done electronically including the closing documents, because of Covid. My closing costs seemed minimal. I was credited $1441 for 2020 Taxes from the seller. I am not using my homestead as I still have a home in South Florida for a few more months.
Fast forward to receiving my tax bill which was well over $5000. First I called the title company who said the value of my house increased and told me they used the sellers 2019 tax bill for me and he benefited from his sellers homestead for 2019. Lake County told me my seller had never applied for Homestead (he had a home in PA) so of course his taxes went up in January, but the Title company did not go to their website or call the office to make sure they had the correct estimated tax bill for the seller.
So of course the Title Co rep is no longer with the company but after checking they more or less admitted fault because they sent the seller a letter explaining the error in not collecting enough for me and kindly asked them to make a check out to me for $590 and send it to them and they would forward to me. Well, the seller told them to go pound sand that he felt he lost money on the deal as it was (as a snowbird, he lived in the house such a short time in 2019, and pretty much decided to sell it in February (although not listed until June) because of Covid.
The Title Company came back and said I could always get a lawyer and sue him. Yes thats what the Title Company said. I've never been to small claims court, but I'm assuming that is my only option and I have no idea how much that would cost and if I do have a case. I was copied on the letter the Title Company sent to the seller as well as his response. Does the realtor have any responsibility? He is aware as is his manager and they are supposedly still looking into how this happened.
Obviously who gets an attorney for such a small amount, but had the Title company applied the correct amount the seller would just have credited it the correct amount to me. If a suit is to be had, wouldn't I go after the Title Company. I'm just annoyed they were so lazy as not to call or go on the website to get the correct amount for the 2020 taxes. So I end up paying for my sellers taxes all year rather than just six month.
Have you escalated your complaint to top management at the Title Company? They probably don’t want to be sued.
graciegirl
12-13-2020, 11:43 AM
I wasn't sure where to post this to get some insight into my recent purchase here in TV. Problem: I purchased a pre-owned home in June 2020 through the Villages Property using their title company. It was an open house so the realtor got his double commission. During this time, everything for me, a cash buyer (the seller owned the house outright which he bought in Feb. 2019) was to be done electronically including the closing documents, because of Covid. My closing costs seemed minimal. I was credited $1441 for 2020 Taxes from the seller. I am not using my homestead as I still have a home in South Florida for a few more months.
Fast forward to receiving my tax bill which was well over $5000. First I called the title company who said the value of my house increased and told me they used the sellers 2019 tax bill for me and he benefited from his sellers homestead for 2019. Lake County told me my seller had never applied for Homestead (he had a home in PA) so of course his taxes went up in January, but the Title company did not go to their website or call the office to make sure they had the correct estimated tax bill for the seller.
So of course the Title Co rep is no longer with the company but after checking they more or less admitted fault because they sent the seller a letter explaining the error in not collecting enough for me and kindly asked them to make a check out to me for $590 and send it to them and they would forward to me. Well, the seller told them to go pound sand that he felt he lost money on the deal as it was (as a snowbird, he lived in the house such a short time in 2019, and pretty much decided to sell it in February (although not listed until June) because of Covid.
The Title Company came back and said I could always get a lawyer and sue him. Yes thats what the Title Company said. I've never been to small claims court, but I'm assuming that is my only option and I have no idea how much that would cost and if I do have a case. I was copied on the letter the Title Company sent to the seller as well as his response. Does the realtor have any responsibility? He is aware as is his manager and they are supposedly still looking into how this happened.
Obviously who gets an attorney for such a small amount, but had the Title company applied the correct amount the seller would just have credited it the correct amount to me. If a suit is to be had, wouldn't I go after the Title Company. I'm just annoyed they were so lazy as not to call or go on the website to get the correct amount for the 2020 taxes. So I end up paying for my sellers taxes all year rather than just six month.
I read this through twice, and although admittedly my husband handled all of the details of the eleven closings in our life, it looks on the face of it that you are angry at being surprised at the taxes. (My husband is not a realtor, he is just a smart guy)
Homes in The Villages are escalating like crazy right now, in fact that appears to be so just about everywhere.
I do not think anyone cheated you. I think you were just surprised at the amount of taxes.
I am not a realtor or an agent and we sold our home without a realtor once and it went well. I am not an expert and I really don't like realtors on the whole a lot because many of them pressure. I do really, really, really like Alemorkam, the photographer's wife and Mary Grant and Debbie Boehner back in Cincinnati. (She was my neighbor and friend, married to John Boehner) yes, that one. (We knew someone famous)
Our very favorite house seller in the whole world is Jim McLaughlin from The Villages.
P.S. I don't think anybody gets double commission for having an open house. Do they?????
EdFNJ
12-13-2020, 11:47 AM
Small Claims Forms | Sumter County Clerk of Courts (https://www.sumterclerk.com/small-claims-forms)
FILING FEES for Sumter County Small Claims Court:
Due at the time of filing. The fee is based upon the amount of your claim.
Claims less than $100.00 ………………………………………... $ 55.00
Claims of $101.00 to $500.00……………………………………. $ 80.00
Claims of 501.00 to $2,500.00 ……………………………………$ 175.00
Claims of 2,501.00 to $8,000.00 ………………………………… $ 300.00
Issuance of Summons, each ……………………………………... $ 10.00
Create Summons Form, each ……………………………..............$ 7.00
retiredguy123
12-13-2020, 11:56 AM
I don't understand how the title company could have gotten the estimated tax bill for 2020 in June. Mine didn't come out until mid-August. So, it seems logical that they would use the 2019 tax bill to calculate the sellers prorated portion of the 2020 tax for a June 2020 closing. Also, I don't see what difference it would make if the seller had or didn't have a homestead exemption, if they based the proration estimate on the seller's actual tax bill. I think it is typical for the seller to be responsible for an underestimated tax payment, so, I don't think the title company has any liability. I also don't think the real estate company has any liability either. So, I think your only option is to sue the seller.
saratogaman
12-13-2020, 11:57 AM
The agent gets both halves of the commission in that situation -- the one due the listing agent and the one due the selling agent. Since it appears the same agent handled both, he/she is entitled to both halves.
retiredguy123
12-13-2020, 12:05 PM
I read this through twice, and although admittedly my husband handled all of the details of the eleven closings in our life, it looks on the face of it that you are angry at being surprised at the taxes. (My husband is not a realtor, he is just a smart guy)
Homes in The Villages are escalating like crazy right now, in fact that appears to be so just about everywhere.
I do not think anyone cheated you. I think you were just surprised at the amount of taxes.
I am not a realtor or an agent and we sold our home without a realtor once and it went well. I am not an expert and I really don't like realtors on the whole a lot because many of them pressure. I do really, really, really like Alemorkam, the photographer's wife and Mary Grant and Debbie Boehner back in Cincinnati. (She was my neighbor and friend, married to John Boehner) yes, that one. (We knew someone famous)
Our very favorite house seller in the whole world is Jim McLaughlin from The Villages.
P.S. I don't think anybody gets double commission for having an open house. Do they?????
I have to take issue with the statement that the OP wasn't cheated by anyone. The seller owes him $590 and refuses to pay him.
Jayhawk
12-13-2020, 12:07 PM
I wasn't sure where to post this to get some insight into my recent purchase here in TV. Problem: I purchased a pre-owned home in June 2020 through the Villages Property using their title company. It was an open house so the realtor got his double commission. During this time, everything for me, a cash buyer (the seller owned the house outright which he bought in Feb. 2019) was to be done electronically including the closing documents, because of Covid. My closing costs seemed minimal. I was credited $1441 for 2020 Taxes from the seller. I am not using my homestead as I still have a home in South Florida for a few more months.
Fast forward to receiving my tax bill which was well over $5000. First I called the title company who said the value of my house increased and told me they used the sellers 2019 tax bill for me and he benefited from his sellers homestead for 2019. Lake County told me my seller had never applied for Homestead (he had a home in PA) so of course his taxes went up in January, but the Title company did not go to their website or call the office to make sure they had the correct estimated tax bill for the seller.
So of course the Title Co rep is no longer with the company but after checking they more or less admitted fault because they sent the seller a letter explaining the error in not collecting enough for me and kindly asked them to make a check out to me for $590 and send it to them and they would forward to me. Well, the seller told them to go pound sand that he felt he lost money on the deal as it was (as a snowbird, he lived in the house such a short time in 2019, and pretty much decided to sell it in February (although not listed until June) because of Covid.
The Title Company came back and said I could always get a lawyer and sue him. Yes thats what the Title Company said. I've never been to small claims court, but I'm assuming that is my only option and I have no idea how much that would cost and if I do have a case. I was copied on the letter the Title Company sent to the seller as well as his response. Does the realtor have any responsibility? He is aware as is his manager and they are supposedly still looking into how this happened.
Obviously who gets an attorney for such a small amount, but had the Title company applied the correct amount the seller would just have credited it the correct amount to me. If a suit is to be had, wouldn't I go after the Title Company. I'm just annoyed they were so lazy as not to call or go on the website to get the correct amount for the 2020 taxes. So I end up paying for my sellers taxes all year rather than just six month.
Think back to your post in June where you just bought the house. Remember your excitement at the deal you got? And estimated taxes are just that - estimated based on best available information. Take some time to reflect on your good fortune and enjoy. It's not like anyone went out of their way to cheat you. Peace.
Let me update you all since I started this post. I came up (from South Florida) on June 6, on Day 3 of a 2 week stay, I found my house (believe me I looked at tons, mostly just open houses so I didn't have to really deal with realtors. Anyway, it wasn't the model or the type or even location that I thought I wanted to live but I loved the neighborhood, and loved the house. It was a preowned TV properties, I did get a steal. Its in Pine Hills and is a designer built in 2017. The previous owner also paid cash and are you ready...........paid off the bond!!!! It was really only lived in about 10 months over the three years and never rented. It looks brand new and the owner replaced the carpet with hard wood (which was always on my checklist) I think in November. It was priced to sell quick and i did offer him under which he accepted.
EdFNJ
12-13-2020, 12:13 PM
My first years taxes were 3 times what the original sellers was because his taxes were based on the original purchase price of the home in 2009 and mine was based on my 2017 purchase price PLUS my first tax bill did not include any of the homestead deductions because I closed after January 1st. It too was SHOCKED. It put a crimp in my tightly planned budget.
graciegirl
12-13-2020, 01:20 PM
I have to take issue with the statement that the OP wasn't cheated by anyone. The seller owes him $590 and refuses to pay him.
I was wrong. I am sorry OP.
I will continue with my day and be happy about the vaccine.
Villageswimmer
12-13-2020, 01:58 PM
My first years taxes were 3 times what the original sellers was because his taxes were based on the original purchase price of the home in 2009 and mine was based on my 2017 purchase price PLUS my first tax bill did not include any of the homestead deductions because I closed after January 1st. It too was SHOCKED. It put a crimp in my tightly planned budget.
Bingo! Many people don’t realize what an important factor purchase price is in determining tax assessment.
That said, though, OP did say that the title company admitted their error. I guess I think that that’s one of the reasons you pay a title company closing fees. Their role, I think, is to check the math and stipulate all is in order. Then they manage the closing.
retiredguy123
12-13-2020, 02:08 PM
Bingo! Many people don’t realize what an important factor purchase price is in determining tax assessment.
That said, though, OP did say that the title company admitted their error. I guess I think that that’s one of the reasons you pay a title company closing fees. Their role, I think, is to check the math and stipulate all is in order. Then they manage the closing.
I don't see where they made an error. The taxes can only be estimated at the closing, and either the buyer or the seller needs to pay additional taxes when the tax bill is generated. In June 2020, the projected tax bill had not been prepared by the county, so the title company had to estimate the taxes due by each party. This is the normal way to do it.
Villageswimmer
12-13-2020, 02:10 PM
On second thought...
After reading Jayhawk’s post#8, I think I’d count my blessings. Sounds like you got a great price and bond was paid. Life’s too short...
Bill14564
12-13-2020, 02:33 PM
I have to take issue with the statement that the OP wasn't cheated by anyone. The seller owes him $590 and refuses to pay him.
I believe "cheated" is too strong a word since it usually implies intent. I also believe the seller doesn't "owe" him anything. The seller could give him the $590 out of the kindness of his heart, but both agreed to the contract at the time.
Disclaimer: IANAL
The sale of the home is final on closing day, there are no "go backs" unless one of the parties can prove fraud. In this case both the buyer and seller should have been given the information to review prior to closing. The seller should have confirmed he was not paying too much, and he wasn't. The buyer should have reviewed the material to understand what he was paying and whether it seemed correct. Unfortunately, it would have taken some research to determine what the tax bill would be and what the proper distribution was.
The agent is only responsible for putting the parties together and negotiating the sale, they have very little to do with closing and certainly nothing to do with establishing closing costs.
It seems to me the title company should accept responsibility for the mistake. They were responsible for determining the closing costs - that's what they were paid to do. They made the error and they should work to correct it. At the very least, since they didn't properly perform the work they were paid to do they should refund the fee that they collected.
Due to the small amount in question and the cost of filing in small claims court it might just be best to let it go. Otherwise, you will certainly pay more in fees and frustration than you would be able to collect. Work with the title company and try to have them accept responsibility and maybe that will work. If not, feel happy with the price you paid, even with the mistake, especially since the previous owner paid off the bond which is worth far more than $590.
Bilyclub
12-13-2020, 02:50 PM
You also are paying the annual maintenance fee in that tax bill and you should have gotten a prorated amount for that in the closing. Up North we paid the real estate taxes for the current year the next year. One last note, if you paid more for the house than the seller did, that tax increase is on you and not the seller.
Bogie Shooter
12-13-2020, 02:54 PM
Think back to your post in June where you just bought the house. Remember your excitement at the deal you got? And estimated taxes are just that - estimated based on best available information. Take some time to reflect on your good fortune and enjoy. It's not like anyone went out of their way to cheat you. Peace.
Let me update you all since I started this post. I came up (from South Florida) on June 6, on Day 3 of a 2 week stay, I found my house (believe me I looked at tons, mostly just open houses so I didn't have to really deal with realtors. Anyway, it wasn't the model or the type or even location that I thought I wanted to live but I loved the neighborhood, and loved the house. It was a preowned TV properties, I did get a steal. Its in Pine Hills and is a designer built in 2017. The previous owner also paid cash and are you ready...........paid off the bond!!!! It was really only lived in about 10 months over the three years and never rented. It looks brand new and the owner replaced the carpet with hard wood (which was always on my checklist) I think in November. It was priced to sell quick and i did offer him under which he accepted.
Let’s see in June you got a steal.......so who got cheated at that time??
John41
12-13-2020, 03:05 PM
I wasn't sure where to post this to get some insight into my recent purchase here in TV. Problem: I purchased a pre-owned home in June 2020 through the Villages Property using their title company. It was an open house so the realtor got his double commission. During this time, everything for me, a cash buyer (the seller owned the house outright which he bought in Feb. 2019) was to be done electronically including the closing documents, because of Covid. My closing costs seemed minimal. I was credited $1441 for 2020 Taxes from the seller. I am not using my homestead as I still have a home in South Florida for a few more months.
Fast forward to receiving my tax bill which was well over $5000. First I called the title company who said the value of my house increased and told me they used the sellers 2019 tax bill for me and he benefited from his sellers homestead for 2019. Lake County told me my seller had never applied for Homestead (he had a home in PA) so of course his taxes went up in January, but the Title company did not go to their website or call the office to make sure they had the correct estimated tax bill for the seller.
So of course the Title Co rep is no longer with the company but after checking they more or less admitted fault because they sent the seller a letter explaining the error in not collecting enough for me and kindly asked them to make a check out to me for $590 and send it to them and they would forward to me. Well, the seller told them to go pound sand that he felt he lost money on the deal as it was (as a snowbird, he lived in the house such a short time in 2019, and pretty much decided to sell it in February (although not listed until June) because of Covid.
The Title Company came back and said I could always get a lawyer and sue him. Yes thats what the Title Company said. I've never been to small claims court, but I'm assuming that is my only option and I have no idea how much that would cost and if I do have a case. I was copied on the letter the Title Company sent to the seller as well as his response. Does the realtor have any responsibility? He is aware as is his manager and they are supposedly still looking into how this happened.
Obviously who gets an attorney for such a small amount, but had the Title company applied the correct amount the seller would just have credited it the correct amount to me. If a suit is to be had, wouldn't I go after the Title Company. I'm just annoyed they were so lazy as not to call or go on the website to get the correct amount for the 2020 taxes. So I end up paying for my sellers taxes all year rather than just six month.
Life isn’t always fair. We bought a beautiful vacation lake house in Georgia and the contractor who was supposed to build our screened in deck skipped out with our $5,000 deposit. He had an A+ rating with the BBB. Before we could file in magistrates court the contractor filed for Chapter 7 bankruptcy with creditors owed over $500,000. So in the grand scheme of things our loss wasn’t too much and we have a beautiful lake house to enjoy. Just chalk it up to experience. I’m surprised The Villages would use such a careless title company.
justjim
12-13-2020, 03:33 PM
OP, it appears economically you got a great deal on this house. Your choice is to sue the seller or not. What I would do in this situation doesn’t matter, having said that, looking at the entire transaction I would buy my wife a very nice Christmas present and call it a done deal.
Henryk
12-13-2020, 03:42 PM
I have to take issue with the statement that the OP wasn't cheated by anyone. The seller owes him $590 and refuses to pay him.
This should have been covered under the title company's errors and omissions agreement.
retiredguy123
12-13-2020, 04:11 PM
This should have been covered under the title company's errors and omissions agreement.
If the title company made an error or omission, which it doesn't appear that they did. The taxes paid at closing were an estimate, which is the standard way to do it.
Toymeister
12-13-2020, 04:19 PM
I have sued a title company in Florida. It is under 8k so small claims, cost 340.00.
But don't waste your time you inevitably signed a statement that you would hold them harmless or there is ample case law to support the title company.
My suit was not about taxes like your and I did prevail.
dtennent
12-13-2020, 04:31 PM
Sorry to hear about the turn of events for you. I understand that you feel cheated. Let's consider what is involved in going after $590 in a court. The court fees have been mentioned above as well as the fact that the taxes are estimated. Obviously if you lose, you are out even more money. With that you will feel even angrier. Then there is the emotional cost which comes from dealing with someone in court. Even if you win, you will pay a cost 1) in keeping this issue alive and in front of you for next few months and 2) when you arrive in court. For me, I would follow a more Zen approach and funnel your emotion into something much more positive. If you got an otherwise great deal and you love the neighborhood, then build on that to have great retirement. Also, I personally like the suggestion of buying your wife a nice gift. You both come out ahead on that one.
Marathon Man
12-13-2020, 05:07 PM
Think back to your post in June where you just bought the house. Remember your excitement at the deal you got? And estimated taxes are just that - estimated based on best available information. Take some time to reflect on your good fortune and enjoy. It's not like anyone went out of their way to cheat you. Peace.
Let me update you all since I started this post. I came up (from South Florida) on June 6, on Day 3 of a 2 week stay, I found my house (believe me I looked at tons, mostly just open houses so I didn't have to really deal with realtors. Anyway, it wasn't the model or the type or even location that I thought I wanted to live but I loved the neighborhood, and loved the house. It was a preowned TV properties, I did get a steal. Its in Pine Hills and is a designer built in 2017. The previous owner also paid cash and are you ready...........paid off the bond!!!! It was really only lived in about 10 months over the three years and never rented. It looks brand new and the owner replaced the carpet with hard wood (which was always on my checklist) I think in November. It was priced to sell quick and i did offer him under which he accepted.
And BAM. And now worried about $590. Uh, yea. I'm moving along. Nothing to see here.
trekker954
12-13-2020, 05:08 PM
I don't see where they made an error. The taxes can only be estimated at the closing, and either the buyer or the seller needs to pay additional taxes when the tax bill is generated. In June 2020, the projected tax bill had not been prepared by the county, so the title company had to estimate the taxes due by each party. This is the normal way to do it.
Because the seller was only in this house a short time, in 2019 he basically was given a lesser tax bill based on his sellers homestead tax bill. The Lake County tax collector explained it to me and basically said the Title company really need to check and can plug things into the county tax website for the accurate number rather than rely on the previous years. The county had already removed the homestead for this house because it wasn't carrying over from 2019 since the house was sold in 2019 to my seller. So right there the estimate the title company gave based on the 2019 bill was going to be $50000 less rather than more and the house only increased about 15000. Yes, the title company did me wrong, they asked the seller for $590. I should not have to pay my sellers tax bill no matter how nice a deal I felt I received. Actually, after seeing many Jasmines under $300000, maybe I didn't get such a great deal afterall. Thanks for all the comments. And I've always been aware of the expected tax bills. I also own a home in Broward County. I guess I didn't realized I pay Lake county, The Villages, plus Fruitland Park. yikes.
trekker954
12-13-2020, 05:11 PM
If the title company made an error or omission, which it doesn't appear that they did. The taxes paid at closing were an estimate, which is the standard way to do it.
How do you see the title company did not make an error, when they in fact sent a letter to the seller asking him to cut a check to me and send it through their office. Isn't that a clear admission of a mistake they made in calculation?
JohnN
12-13-2020, 06:00 PM
I've gone to small claims court and won, so you can do it. That said, for $590, is it really worth all the aggravation and time given the great deal that you got on the house?
If it's really important to you, then go for it. Otherwise, take a deep breath and let it go, just take it as a piece of bad luck.
Marathon Man
12-13-2020, 07:04 PM
How do you see the title company did not make an error, when they in fact sent a letter to the seller asking him to cut a check to me and send it through their office. Isn't that a clear admission of a mistake they made in calculation?
No response to other posts?
retiredguy123
12-13-2020, 08:03 PM
How do you see the title company did not make an error, when they in fact sent a letter to the seller asking him to cut a check to me and send it through their office. Isn't that a clear admission of a mistake they made in calculation?
When I have purchased a resale, the taxes are estimated and prorated, but they cannot be exact because the current year tax rates have not been established by the county. So, when the actual final tax bill is received, either the buyer or the seller will owe the other party some taxes. This doesn't happen with a new house because the builder covers any tax shortage. That is the way I have seen it done on houses I have purchased. It seems as though the seller owes you $590 and it is too bad that they will not pay you. I wouldn't go to extreme measures to collect it, but I would do what I can to try to collect the money. The seller is the one who is cheating you, not the title company. Maybe you can get a lawyer to send a demand letter to the seller that may get him to pay you. I have not done a small claims court case, but it should be easy to get a judgement against the seller because the title company has already established what the seller owes you. If you get a judgement, a lawyer can electronically seize assets from any bank account that the seller owns. My opinion. Good luck.
Bilyclub
12-13-2020, 09:05 PM
Actual wording from the title company.
retiredguy123
12-13-2020, 09:19 PM
Actual wording from the title company.
Exactly. The title company is not responsible because they based the proration on an estimate of the taxes and both the seller and the buyer agreed to it, and to also make an adjustment when the final tax bill is available. Apparently, the seller owes the buyer $590 toward the 2020 tax bill. So, the only party who owes money here is the seller. Whether or not the buyer got a good price on the house is irrelevant.
mlmarr1
12-14-2020, 05:58 AM
Double commission..means realtor sold his listing.. he received full commission not split with another agent..
Skunky1
12-14-2020, 06:00 AM
I believe ALL parties on the seller's side bares responsibility for the error. The real estate agent has an obligation to confirm the HUD is correct, the title company has an obligation to do their job correctly and the seller has an obligation to correct the error.
Robyn1963
12-14-2020, 06:00 AM
They do not. If a realtor brings both seller and buyer together in a transaction they do not have to split the commission with another realtor. We also split with our broker
Footer
12-14-2020, 06:58 AM
I am in the same situation except the seller owes me $2000 for taxes. The seller lived in the house only 1 year so his taxes were based on the previous owner's homestead and SOH tax bill. The title company based the proration on the previous bill and we both signed a document saying we would adjust between ourselves when the actual tax bill came out.
Both realtors tried to get the seller to pay up but he ignored them. The only person to blame contractually is the seller. Everyone else did their job. What can you do? Move on.
retiredguy123
12-14-2020, 07:05 AM
I believe ALL parties on the seller's side bares responsibility for the error. The real estate agent has an obligation to confirm the HUD is correct, the title company has an obligation to do their job correctly and the seller has an obligation to correct the error.
There was no error made by anyone. The seller owes the buyer money based on an agreement they made to adjust the tax amount when the final tax bill was issued. Not unusual on a resale.
EileenK
12-14-2020, 07:08 AM
We sold our house at the beginning of the pandemic. The morning of closing I lost my TV ID card. Called Lisa Zdrodowski at Pennisula and she said that was fine as long as I had the gate card which I did. When our check came in the mail $100 was deducted from it for the ID card. At the time TV was charging you $10 for a lost card. We have made numerous calls to Lisa and our sales rep Addam Roma but no refund. The appliances in our new home were terrible as were the sliding doors and windows. If you ask me, TV is smoke and mirrors and do not care one bit about house owners.
Pbthrockm@msn.com
12-14-2020, 07:31 AM
Too bad you could not name the Title company in your writeup Their lack of professionalism perhaps could impact future business and would at least steer many from using them in the future. Poor customer service and lack of consideration for clients.
Debfrommaine
12-14-2020, 07:31 AM
We sold our house at the beginning of the pandemic. The morning of closing I lost my TV ID card. Called Lisa Zdrodowski at Pennisula and she said that was fine as long as I had the gate card which I did. When our check came in the mail $100 was deducted from it for the ID card. At the time TV was charging you $10 for a lost card. We have made numerous calls to Lisa and our sales rep Addam Roma but no refund. The appliances in our new home were terrible as were the sliding doors and windows. If you ask me, TV is smoke and mirrors and do not care one bit about house owners.
Wow, I did not realize it cost that much to replace a card now, good information. Very sorry to hear about your experience. We moved at this same time you did and had a couple of issues, too. I called Home Warranty and they in turn contacted the builder who ended up getting one of our appliances replaced, with the help of Addam Roma. Our upsetting issue at the time worked out OK. I am very sorry to hear about your experience.
diva1
12-14-2020, 07:41 AM
Nobody knew the tax amount in June. It had to be estimated based upon best info at time (last year's bill). Everyone signs at closing a document that says they will cooperate with closing agents (Title Co.) after the closing should there be a paperwork problem. There is here. You need to lean on the Title Company management to get this corrected. That is the job they were paid to do. The former owner can make it hard for you as he doesn't live here, but he owes you money.
Nevermore
12-14-2020, 07:43 AM
You got a great deal at a crazy low rate. And now you are complaining about $590? Hardwood floors and a paid off bond. Count your blessings and stop letting this small sum of money eat up energy and time. Yes, small sum. Are you going to miss a meal? Fair, maybe not, but I would choose letting go of the aggravation.
jbrown132
12-14-2020, 07:53 AM
I wasn't sure where to post this to get some insight into my recent purchase here in TV. Problem: I purchased a pre-owned home in June 2020 through the Villages Property using their title company. It was an open house so the realtor got his double commission. During this time, everything for me, a cash buyer (the seller owned the house outright which he bought in Feb. 2019) was to be done electronically including the closing documents, because of Covid. My closing costs seemed minimal. I was credited $1441 for 2020 Taxes from the seller. I am not using my homestead as I still have a home in South Florida for a few more months.
Fast forward to receiving my tax bill which was well over $5000. First I called the title company who said the value of my house increased and told me they used the sellers 2019 tax bill for me and he benefited from his sellers homestead for 2019. Lake County told me my seller had never applied for Homestead (he had a home in PA) so of course his taxes went up in January, but the Title company did not go to their website or call the office to make sure they had the correct estimated tax bill for the seller.
So of course the Title Co rep is no longer with the company but after checking they more or less admitted fault because they sent the seller a letter explaining the error in not collecting enough for me and kindly asked them to make a check out to me for $590 and send it to them and they would forward to me. Well, the seller told them to go pound sand that he felt he lost money on the deal as it was (as a snowbird, he lived in the house such a short time in 2019, and pretty much decided to sell it in February (although not listed until June) because of Covid.
The Title Company came back and said I could always get a lawyer and sue him. Yes thats what the Title Company said. I've never been to small claims court, but I'm assuming that is my only option and I have no idea how much that would cost and if I do have a case. I was copied on the letter the Title Company sent to the seller as well as his response. Does the realtor have any responsibility? He is aware as is his manager and they are supposedly still looking into how this happened.
Obviously who gets an attorney for such a small amount, but had the Title company applied the correct amount the seller would just have credited it the correct amount to me. If a suit is to be had, wouldn't I go after the Title Company. I'm just annoyed they were so lazy as not to call or go on the website to get the correct amount for the 2020 taxes. So I end up paying for my sellers taxes all year rather than just six month.
At closing, I believe both the buyer and seller have to sigh a document that essentially states if any mistakes have been made you guarantee you will make good on the difference between what you paid and the actual cost. I am not sure but I would think it is the closing attorney who would be responsible for going after the original seller.
retiredguy123
12-14-2020, 08:06 AM
At closing, I believe both the buyer and seller have to sigh a document that essentially states if any mistakes have been made you guarantee you will make good on the difference between what you paid and the actual cost. I am not sure but I would think it is the closing attorney who would be responsible for going after the original seller.
See Post No. 29. There was no mistake. The only person responsible here is the seller. They owe money to the buyer to adjust the taxes as they agreed to do at the closing.
Dlbonivich
12-14-2020, 08:33 AM
Sounds to me like you should have had a realtor to represent your best interest and should have had the sellers agent pay your realtors commission. Then maybe you would not be out your tax money.
Dlbonivich
12-14-2020, 08:36 AM
Also call me there is a way to transfer your homestead percentage from your south Florida home to your Villages home. Just file one form. Andrea Bonivich, Sellstate Superior Realty
281-513-1250
Dot Rheinhardt
12-14-2020, 08:43 AM
Doesn't the Title company have insurance for this type of Situation? The Title company admitted they made a mistake. The owner did not pay off the bond as they do not have bonds in Lake County.
MIskra
12-14-2020, 08:48 AM
Had the same thing happen to us when we sold our house in another state, only we were the seller. Received a letter from the title company that we owed about $1,000 several months after closing. Talked to our realter who explained the reason why we owed the money (the buyer used the same real estate agency as we did). We sent a check to cover the cost to the title company and an email to the nice elderly couple who bought our house telling them not to worry as we were taking care of it. Sorry that your seller is a jerk. I think you would win in small claims court, if you want to bother suing the seller.
DLJ1657
12-14-2020, 08:53 AM
I may be missing your objection to how the taxes were prorated at closing, but from what I read, here are my thoughts. As a paralegal specializing in real estate transactions for over 24 years in another state, I will say that standard purchase/sale contracts call for the proration of taxes based on the last known amount. If I am reading your complaint right, that is how the title company calculated the closing expenses. If the seller used the property as homestead and his tax bill reflected that reduced amount, regardless of how you are going to occupy the property, last year's bill is what gets prorated at closing. The seller is not obligated to pay a prorated share on any future bill - it is based on the last amount billed to the seller. (My apologies if I misread your complaint!)
trekker954
12-14-2020, 08:59 AM
I am in the same situation except the seller owes me $2000 for taxes. The seller lived in the house only 1 year so his taxes were based on the previous owner's homestead and SOH tax bill. The title company based the proration on the previous bill and we both signed a document saying we would adjust between ourselves when the actual tax bill came out.
Both realtors tried to get the seller to pay up but he ignored them. The only person to blame contractually is the seller. Everyone else did their job. What can you do? Move on.
From what I gather the issue here IS when the seller lives in the house such a short time. Yours sounds exactly like mine issue.
Actually IMHO, when recalculating to ask the seller for the correct amount, they only looked at the big number and did not take into account the other breakdowns. The true calculated number would have been closer to $750, but I would have been happy with $590 which remember was only for six months.
I still believe if the Title company had calculated the correct amount the seller would have gladly paid it.
trekker954
12-14-2020, 09:07 AM
I may be missing your objection to how the taxes were prorated at closing, but from what I read, here are my thoughts. As a paralegal specializing in real estate transactions for over 24 years in another state, I will say that standard purchase/sale contracts call for the proration of taxes based on the last known amount. If I am reading your complaint right, that is how the title company calculated the closing expenses. If the seller used the property as homestead and his tax bill reflected that reduced amount, regardless of how you are going to occupy the property, last year's bill is what gets prorated at closing. The seller is not obligated to pay a prorated share on any future bill - it is based on the last amount billed to the seller. (My apologies if I misread your complaint!)
According to the Lake County Tax Collector, the seller benefited in 2019 from the original owners (house is 3 years old) Homestead but my seller wasn't homesteading and that recalculated January 2020. If the Title company would have called or accessed their website (again, according to the tax collector) rather than use the 2019 bill, the correct calculation without homestead would have shown. The Tax Collector said it is typical, but wrong, for title companies to do this and this often rears its ugly head. The tax collector said he often has to explain this to realtors as well.
Marathon Man
12-14-2020, 09:39 AM
You got a great deal at a crazy low rate. And now you are complaining about $590? Hardwood floors and a paid off bond. Count your blessings and stop letting this small sum of money eat up energy and time. Yes, small sum. Are you going to miss a meal? Fair, maybe not, but I would choose letting go of the aggravation.
Good advice, but not gonna be taken. Looks like $590 is a thorn.
almondz
12-14-2020, 09:59 AM
When we closed, the bond was to be paid off by the seller, according to our contract. When we received our next tax document it said we owed on the bond. Contacted title company and they did same - went to seller for the money. Seller wouldn't pay - just like your situation. Title company is responsible for making sure documents are correct. They paid off our bond.
Villageswimmer
12-14-2020, 10:28 AM
OP, I think it’s fair to say that if your title company’s agreement contains the verbiage posted in post 29, they are off the hook.
Was your title company Peninsula?
You might consult with an attorney to determine what he’d charge to write a letter. Only you know if it’s worth the trouble.
As to OP post wrt Lake County, Fruitland Park, etc. taxes, due diligence would include going on the Lake County website and viewing tax bills of your neighbors before purchasing the home.
There should be no big surprises when the tax bill arrives. It should be of great comfort that the bond was paid. That took a bug chunk off your bill.
Let me update you all since I started this post. I came up (from South Florida) on June 6, on Day 3 of a 2 week stay, I found my house (believe me I looked at tons, mostly just open houses so I didn't have to really deal with realtors. Anyway, it wasn't the model or the type or even location that I thought I wanted to live but I loved the neighborhood, and loved the house. It was a preowned TV properties, I did get a steal. Its in Pine Hills and is a designer built in 2017. The previous owner also paid cash and are you ready...........paid off the bond!!!! It was really only lived in about 10 months over the three years and never rented. It looks brand new and the owner replaced the carpet with hard wood (which was always on my checklist) I think in November. It was priced to sell quick and i did offer him under which he accepted.
And now you want to sue for a small tax issue?? Wow!!
jgrason
12-14-2020, 10:42 AM
Look at your Villages contract. These two clauses address your situation. Note that any adjustment of tax prorations based on estimates is between buyer and seller and is contingent on signing an agreement to that effect. If you and the seller did not sign a statement that agrees that prorations (over and under) will be adjusted post closing at either's request, then you don't really have much of legal leg to stand on if you sue.
(h) PROPERTY TAX DISCLOSURE SUMMARY:
BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS
REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION.
L. Prorations; Credits:
Taxes, assessments, rent, interest, insurance and other recurring expenses of the Property shall be prorated through the day before Closing. Buyer shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occurs before Closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1st of year of Closing, which improvements were not in existence on January 1st of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assessment to be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking into account available exemptions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill on condition that a statement to that effect is signed at Closing.
J1ceasar
12-14-2020, 10:50 AM
JUst another reason to USE A LAWYER .......
shut the front door
12-14-2020, 10:52 AM
OP, you have every right to be upset. You shouldn't have to pay for someone else's mistake. I hope all the people badgering you get cheated out of $590 and just let it go.
I'm also leery of people who have nothing better to do than dig through the history of a poster on this board. That's kind of creepy.
Marathon Man
12-14-2020, 11:04 AM
OP, you have every right to be upset. You shouldn't have to pay for someone else's mistake. I hope all the people badgering you get cheated out of $590 and just let it go.
I'm also leery of people who have nothing better to do than dig through the history of a poster on this board. That's kind of creepy.
If the OP had not bragged about the deal he got on the house, those "badgering" posts would not exist.
dadoiron
12-14-2020, 11:29 AM
I wasn't sure where to post this to get some insight into my recent purchase here in TV. Problem: I purchased a pre-owned home in June 2020 through the Villages Property using their title company. It was an open house so the realtor got his double commission. During this time, everything for me, a cash buyer (the seller owned the house outright which he bought in Feb. 2019) was to be done electronically including the closing documents, because of Covid. My closing costs seemed minimal. I was credited $1441 for 2020 Taxes from the seller. I am not using my homestead as I still have a home in South Florida for a few more months.
Fast forward to receiving my tax bill which was well over $5000. First I called the title company who said the value of my house increased and told me they used the sellers 2019 tax bill for me and he benefited from his sellers homestead for 2019. Lake County told me my seller had never applied for Homestead (he had a home in PA) so of course his taxes went up in January, but the Title company did not go to their website or call the office to make sure they had the correct estimated tax bill for the seller.
So of course the Title Co rep is no longer with the company but after checking they more or less admitted fault because they sent the seller a letter explaining the error in not collecting enough for me and kindly asked them to make a check out to me for $590 and send it to them and they would forward to me. Well, the seller told them to go pound sand that he felt he lost money on the deal as it was (as a snowbird, he lived in the house such a short time in 2019, and pretty much decided to sell it in February (although not listed until June) because of Covid.
The Title Company came back and said I could always get a lawyer and sue him. Yes thats what the Title Company said. I've never been to small claims court, but I'm assuming that is my only option and I have no idea how much that would cost and if I do have a case. I was copied on the letter the Title Company sent to the seller as well as his response. Does the realtor have any responsibility? He is aware as is his manager and they are supposedly still looking into how this happened.
Obviously who gets an attorney for such a small amount, but had the Title company applied the correct amount the seller would just have credited it the correct amount to me. If a suit is to be had, wouldn't I go after the Title Company. I'm just annoyed they were so lazy as not to call or go on the website to get the correct amount for the 2020 taxes. So I end up paying for my sellers taxes all year rather than just six month.
Put a lien (20-50$) on the sellers new home or car until they pay the 590.
dadoiron
12-14-2020, 11:31 AM
I wasn't sure where to post this to get some insight into my recent purchase here in TV. Problem: I purchased a pre-owned home in June 2020 through the Villages Property using their title company. It was an open house so the realtor got his double commission. During this time, everything for me, a cash buyer (the seller owned the house outright which he bought in Feb. 2019) was to be done electronically including the closing documents, because of Covid. My closing costs seemed minimal. I was credited $1441 for 2020 Taxes from the seller. I am not using my homestead as I still have a home in South Florida for a few more months.
Fast forward to receiving my tax bill which was well over $5000. First I called the title company who said the value of my house increased and told me they used the sellers 2019 tax bill for me and he benefited from his sellers homestead for 2019. Lake County told me my seller had never applied for Homestead (he had a home in PA) so of course his taxes went up in January, but the Title company did not go to their website or call the office to make sure they had the correct estimated tax bill for the seller.
So of course the Title Co rep is no longer with the company but after checking they more or less admitted fault because they sent the seller a letter explaining the error in not collecting enough for me and kindly asked them to make a check out to me for $590 and send it to them and they would forward to me. Well, the seller told them to go pound sand that he felt he lost money on the deal as it was (as a snowbird, he lived in the house such a short time in 2019, and pretty much decided to sell it in February (although not listed until June) because of Covid.
The Title Company came back and said I could always get a lawyer and sue him. Yes thats what the Title Company said. I've never been to small claims court, but I'm assuming that is my only option and I have no idea how much that would cost and if I do have a case. I was copied on the letter the Title Company sent to the seller as well as his response. Does the realtor have any responsibility? He is aware as is his manager and they are supposedly still looking into how this happened.
Obviously who gets an attorney for such a small amount, but had the Title company applied the correct amount the seller would just have credited it the correct amount to me. If a suit is to be had, wouldn't I go after the Title Company. I'm just annoyed they were so lazy as not to call or go on the website to get the correct amount for the 2020 taxes. So I end up paying for my sellers taxes all year rather than just six month.
Put a lien on sellers house or car (20-50$) for 590 owed.
shut the front door
12-14-2020, 11:34 AM
If the OP had not bragged about the deal he got on the house, those "badgering" posts would not exist.
Oh, I get it! Whenever somebody gets a good deal, it's fine to cheat them out of money.
Great logic.
KRM0614
12-14-2020, 11:44 AM
I wasn't sure where to post this to get some insight into my recent purchase here in TV. Problem: I purchased a pre-owned home in June 2020 through the Villages Property using their title company. It was an open house so the realtor got his double commission. During this time, everything for me, a cash buyer (the seller owned the house outright which he bought in Feb. 2019) was to be done electronically including the closing documents, because of Covid. My closing costs seemed minimal. I was credited $1441 for 2020 Taxes from the seller. I am not using my homestead as I still have a home in South Florida for a few more months.
Fast forward to receiving my tax bill which was well over $5000. First I called the title company who said the value of my house increased and told me they used the sellers 2019 tax bill for me and he benefited from his sellers homestead for 2019. Lake County told me my seller had never applied for Homestead (he had a home in PA) so of course his taxes went up in January, but the Title company did not go to their website or call the office to make sure they had the correct estimated tax bill for the seller.
So of course the Title Co rep is no longer with the company but after checking they more or less admitted fault because they sent the seller a letter explaining the error in not collecting enough for me and kindly asked them to make a check out to me for $590 and send it to them and they would forward to me. Well, the seller told them to go pound sand that he felt he lost money on the deal as it was (as a snowbird, he lived in the house such a short time in 2019, and pretty much decided to sell it in February (although not listed until June) because of Covid.
The Title Company came back and said I could always get a lawyer and sue him. Yes thats what the Title Company said. I've never been to small claims court, but I'm assuming that is my only option and I have no idea how much that would cost and if I do have a case. I was copied on the letter the Title Company sent to the seller as well as his response. Does the realtor have any responsibility? He is aware as is his manager and they are supposedly still looking into how this happened.
Obviously who gets an attorney for such a small amount, but had the Title company applied the correct amount the seller would just have credited it the correct amount to me. If a suit is to be had, wouldn't I go after the Title Company. I'm just annoyed they were so lazy as not to call or go on the website to get the correct amount for the 2020 taxes. So I end up paying for my sellers taxes all year rather than just six month.
Everything with villages salsa zombies title etc it’s always a mess
KRM0614
12-14-2020, 11:46 AM
I read this through twice, and although admittedly my husband handled all of the details of the eleven closings in our life, it looks on the face of it that you are angry at being surprised at the taxes. (My husband is not a realtor, he is just a smart guy)
Homes in The Villages are escalating like crazy right now, in fact that appears to be so just about everywhere.
I do not think anyone cheated you. I think you were just surprised at the amount of taxes.
I am not a realtor or an agent and we sold our home without a realtor once and it went well. I am not an expert and I really don't like realtors on the whole a lot because many of them pressure. I do really, really, really like Alemorkam, the photographer's wife and Mary Grant and Debbie Boehner back in Cincinnati. (She was my neighbor and friend, married to John Boehner) yes, that one. (We knew someone famous)
Our very favorite house seller in the whole world is Jim McLaughlin from The Villages.
P.S. I don't think anybody gets double commission for having an open house. Do they?????
They get listing and selling commission but now they are accepting 5%
The prices are not going up like you think. Most sales are villas and the rest take 70-90 days
Stay away from village people they lie and will do and say anything for a sale
KRM0614
12-14-2020, 11:50 AM
The agent gets both halves of the commission in that situation -- the one due the listing agent and the one due the selling agent. Since it appears the same agent handled both, he/she is entitled to both halves.
Minus the big chunk the villages take of everything ! No one has an accurate idea how much they deduct from commissions income
KRM0614
12-14-2020, 11:52 AM
Think back to your post in June where you just bought the house. Remember your excitement at the deal you got? And estimated taxes are just that - estimated based on best available information. Take some time to reflect on your good fortune and enjoy. It's not like anyone went out of their way to cheat you. Peace.
Let me update you all since I started this post. I came up (from South Florida) on June 6, on Day 3 of a 2 week stay, I found my house (believe me I looked at tons, mostly just open houses so I didn't have to really deal with realtors. Anyway, it wasn't the model or the type or even location that I thought I wanted to live but I loved the neighborhood, and loved the house. It was a preowned TV properties, I did get a steal. Its in Pine Hills and is a designer built in 2017. The previous owner also paid cash and are you ready...........paid off the bond!!!! It was really only lived in about 10 months over the three years and never rented. It looks brand new and the owner replaced the carpet with hard wood (which was always on my checklist) I think in November. It was priced to sell quick and i did offer him under which he accepted.
Are you the goodwill ambassador for the villages ? They tell customers amenity fees won’t go up, a big lie they don’t disclose all the high prices for basic services that’s because the Morse family gave their greedy paws in everything
Spalumbos62
12-14-2020, 12:02 PM
You probably shouldn't waste your time and effort chasing this...but you could certainly mention the title company so others don't use them... or even let them know you will be posting here. Just saying
Curtisbwp
12-14-2020, 12:08 PM
Caveat emptor
Carl99
12-14-2020, 02:32 PM
They did the same to me
Villageswimmer
12-14-2020, 02:52 PM
They did the same to me
“they” who?
DAVES
12-14-2020, 03:29 PM
I wasn't sure where to post this to get some insight into my recent purchase here in TV. Problem: I purchased a pre-owned home in June 2020 through the Villages Property using their title company. It was an open house so the realtor got his double commission. During this time, everything for me, a cash buyer (the seller owned the house outright which he bought in Feb. 2019) was to be done electronically including the closing documents, because of Covid. My closing costs seemed minimal. I was credited $1441 for 2020 Taxes from the seller. I am not using my homestead as I still have a home in South Florida for a few more months.
Fast forward to receiving my tax bill which was well over $5000. First I called the title company who said the value of my house increased and told me they used the sellers 2019 tax bill for me and he benefited from his sellers homestead for 2019. Lake County told me my seller had never applied for Homestead (he had a home in PA) so of course his taxes went up in January, but the Title company did not go to their website or call the office to make sure they had the correct estimated tax bill for the seller.
So of course the Title Co rep is no longer with the company but after checking they more or less admitted fault because they sent the seller a letter explaining the error in not collecting enough for me and kindly asked them to make a check out to me for $590 and send it to them and they would forward to me. Well, the seller told them to go pound sand that he felt he lost money on the deal as it was (as a snowbird, he lived in the house such a short time in 2019, and pretty much decided to sell it in February (although not listed until June) because of Covid.
The Title Company came back and said I could always get a lawyer and sue him. Yes thats what the Title Company said. I've never been to small claims court, but I'm assuming that is my only option and I have no idea how much that would cost and if I do have a case. I was copied on the letter the Title Company sent to the seller as well as his response. Does the realtor have any responsibility? He is aware as is his manager and they are supposedly still looking into how this happened.
Obviously who gets an attorney for such a small amount, but had the Title company applied the correct amount the seller would just have credited it the correct amount to me. If a suit is to be had, wouldn't I go after the Title Company. I'm just annoyed they were so lazy as not to call or go on the website to get the correct amount for the 2020 taxes. So I end up paying for my sellers taxes all year rather than just six month.
I'm far from an expert but, the title company guarantees, for a fee that they have investigated that the title is clear, no liens, they do not draft the contract of sale.
If, they made a mistake, they are liable for it. I would contact the bar association and get names of attorneys they will all spend a bit of time with you at no charge and discuss your options. Small claims court? I went to small claims court twice in my lifetime, and it was not in Florida. I won both times and I collected both times. Collecting after you've won is the hard part and your judgement often goes uncollected.
My total fee to the court was $18. Here someone informed me a while ago the fees are percentage of the amount of the case and it is far more than the $18 that I had paid
DAVES
12-14-2020, 03:58 PM
Are you the goodwill ambassador for the villages ? They tell customers amenity fees won’t go up, a big lie they don’t disclose all the high prices for basic services that’s because the Morse family gave their greedy paws in everything
For what it is worth, on an investment show they stated the CPI Consumer Price Index was up 4% this year. Your/our costs for most everything will be going up. Greedy?
If, you would be happier somewhere else, you owe it to yourself to explore it.
biker1
12-14-2020, 04:12 PM
The fact that the amenities fee increases are tied to the CPI is well documented in the deed restrictions. There was a "cap" for a bit of time so that the amenities fees could "synch" up across the CDDs but the continuation of that was never guaranteed.
Are you the goodwill ambassador for the villages ? They tell customers amenity fees won’t go up, a big lie they don’t disclose all the high prices for basic services that’s because the Morse family gave their greedy paws in everything
Marathon Man
12-14-2020, 06:51 PM
Minus the big chunk the villages take of everything ! No one has an accurate idea how much they deduct from commissions income
It must be exhausting to try to convince others to be hateful and angry.
croughwell
12-14-2020, 11:49 PM
Take them to small claims court. No lawyer necessary and argue your case in front of a judge. You'll probably be sent to an arbitrator (no cost) before trial... What do you have to lose?
Mrodmh
12-19-2020, 08:13 AM
Wow. It’s amazing how you were so proud to save so much money and not have to pay a bond and getting this property for such a great price and it was everything you ever wanted and now you’re going to complain about $590. Wow.
CoachKandSportsguy
12-19-2020, 09:25 AM
Wow. It’s amazing how you were so proud to save so much money and not have to pay a bond and getting this property for such a great price and it was everything you ever wanted and now you’re going to complain about $590. Wow.
Some people can't be happy all the time, some people survive on gaining sympathy, some people like to exxagerate both the highs and the lows, and some people always feel that they have been stolen from. . . . just sayin'
and they usually aren't any fun being around!
Topspinmo
12-19-2020, 09:33 AM
I wasn't sure where to post this to get some insight into my recent purchase here in TV. Problem: I purchased a pre-owned home in June 2020 through the Villages Property using their title company. It was an open house so the realtor got his double commission. During this time, everything for me, a cash buyer (the seller owned the house outright which he bought in Feb. 2019) was to be done electronically including the closing documents, because of Covid. My closing costs seemed minimal. I was credited $1441 for 2020 Taxes from the seller. I am not using my homestead as I still have a home in South Florida for a few more months.
Fast forward to receiving my tax bill which was well over $5000. First I called the title company who said the value of my house increased and told me they used the sellers 2019 tax bill for me and he benefited from his sellers homestead for 2019. Lake County told me my seller had never applied for Homestead (he had a home in PA) so of course his taxes went up in January, but the Title company did not go to their website or call the office to make sure they had the correct estimated tax bill for the seller.
So of course the Title Co rep is no longer with the company but after checking they more or less admitted fault because they sent the seller a letter explaining the error in not collecting enough for me and kindly asked them to make a check out to me for $590 and send it to them and they would forward to me. Well, the seller told them to go pound sand that he felt he lost money on the deal as it was (as a snowbird, he lived in the house such a short time in 2019, and pretty much decided to sell it in February (although not listed until June) because of Covid.
The Title Company came back and said I could always get a lawyer and sue him. Yes thats what the Title Company said. I've never been to small claims court, but I'm assuming that is my only option and I have no idea how much that would cost and if I do have a case. I was copied on the letter the Title Company sent to the seller as well as his response. Does the realtor have any responsibility? He is aware as is his manager and they are supposedly still looking into how this happened.
Obviously who gets an attorney for such a small amount, but had the Title company applied the correct amount the seller would just have credited it the correct amount to me. If a suit is to be had, wouldn't I go after the Title Company. I'm just annoyed they were so lazy as not to call or go on the website to get the correct amount for the 2020 taxes. So I end up paying for my sellers taxes all year rather than just six month.
If you read the fine print on anything you will find you most likely will get cheated or over pay.
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