Real Estate Law
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Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.
No, you did the right thing here. Standard real estate purchase agreements make the sale subject to the seller providing marketable title. If a lien was discovered, then the seller is not able to do that and in which case you get your escrow money back. Also, the agent should have disclosed the mello-roos if she knew about it. It appears that you could have sued her for negligent misrepresentation or fraud, if you had detrimentally relied on her false statements.
I will have to let someone with more experience in these areas assist you. Your deposit is still in tact and you need not do anything. If you cannot find another expert to assist you let me know and I will send you an offer of services so that I can spend the time and do the research needed to find an answer.
Good afternoon. I am another expert and I will try to assist with your question. The mello roos bond will not go into default as long as enough Association members are paying enough money to satisfy the bonds requirements. Your primary concern is whether or not, firstly can you make the additional monthly payments, and secondly whether or not the other Association members can pay there's. You have to look at the overall solvency of the development which has underwritten the bond and is responsible for its repayment. Here is a very good article explaining details of Mello Roos, which you should find helpful: http://www.clta.org/for-consumers/consumer-melloroos.html
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