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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33139
Experience:  30 years of real estate practice experience.
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I acquired a property in 2015 where all closing costs were

Customer Question

I acquired a property in 2015 where all closing costs were paid by the seller. The property, an empty lot, was free. It was handled by a reputable (chain) agency. The county where the property is located contacted me about a delinquent tax bill from 2014. Shouldn't this have popped up during the title search by his attorney? I dont really want the property now anyway, can this oversight benefit in my favor by voiding the entire deal? If not, the county is threatening sheriff sale, so if they take it, does it affect my credit?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Is the title in your name? Did you receive an owner's title insurance policy? Did it except the 2014 taxes?

Customer: replied 1 year ago.
Are title and deed the same thing? The property is in my name. I never purchased any insurance.
Expert:  Loren replied 1 year ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

If the deed did not except the 2014 taxes then you may be able to sue the seller if they provided a warranty deed to transfer title. This is because they have breached the warranty deed by conveying the property with unpaid taxes, which are a cloud upon title.

Otherwise, if you took title with a quitclaim deed, you are responsible for the unpaid taxes and any other cloud on title.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 1 year ago.
The entire transaction was handled by the national firm with initials C.B. Ill need to look through my paperwork. There was a law firm involved. I dont recall any mention of a quit claim.
Expert:  Loren replied 1 year ago.

If the warranty deed did not except unpaid taxes, you have recourse against the seller.

Expert:  Loren replied 1 year ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.

Expert:  Loren replied 1 year ago.

Did you have further questions before you rate my service to you?

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