![]() |
Quote:
|
Quote:
|
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.
|
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 |
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.
|
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.
|
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!)
|
Quote:
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. |
Quote:
|
Quote:
|
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.
|
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!! |
Tax Prorations
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. |
JUst another reason to USE A LAWYER .......
|
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. |
Quote:
|
One word: lien
Quote:
|
Lien
Quote:
|
Quote:
Great logic. |
Quote:
|
Quote:
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 |
Quote:
|
Quote:
|
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
|
Caveat emptor
|
They did the same to me
|
Quote:
|
Quote:
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 |
Quote:
If, you would be happier somewhere else, you owe it to yourself to explore it. |
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.
Quote:
|
Quote:
|
Small Claims Court
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?
|
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.
|
There is a nearly perfect cross section of americana in the village
Quote:
and they usually aren't any fun being around! |
Quote:
|
All times are GMT -5. The time now is 03:26 PM. |
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2025, vBulletin Solutions Inc.
Search Engine Optimisation provided by
DragonByte SEO v2.0.32 (Pro) -
vBulletin Mods & Addons Copyright © 2025 DragonByte Technologies Ltd.