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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36185
Experience:  16 years real estate, Realtor. Landlord 26 years
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At closing the title company forgot to put any fees HOA

Customer Question

At closing the title company forgot to put any fees for an HOA resale disclosure now they want the fee from me after their auditing department found their mistake. I explained that I was not aware of this and the escrow officer missed this fee at closing . Am I legally responsible to pay them?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Who ended up paying the HOA fee?

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thanks

Barrister

Customer: replied 10 months ago.
I am not sure if anyone did that day since there was nothing in the documents. I would say the title company since they are the ones requesting the payment.
Customer: replied 10 months ago.
My closing was 2 months ago.
Expert:  Barrister replied 10 months ago.

Ok, if they paid it, then yes, they can come after you for it because it is a fee that you are legally responsible for. Unjust enrichment just basically means that you got a benefit that you aren't entitled to. So if they messed up and left it off the closing, under the doctrine of "mistake" they can come back and force a correction if they have to through the courts.

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So this isn't a situation where you get to profit from their mistake and if this got in front of a judge, he would order you to reimburse them for whatever the cost of the fee was.

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With that said, will they actually pursue this legally? no way to know, but I kind of doubt it unless it is a decent amount, maybe $800 or over, because otherwise it isn't worth the time and effort to get an attorney involved to represent them.

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As an aside, I used to be a closing attorney for 4 different lenders..

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thanks

Barrister

Customer: replied 10 months ago.
It is under 500 and yes that what she told me that legal would have to get involved and she did quote the Unjust Enrichment to me also .
Expert:  Barrister replied 10 months ago.

Obviously this is just my opinion, but I kind of doubt that they will try to pursue this other than maybe having one of their closing attorneys send you a nasty threatening letter...

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thanks

Barrister