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I am the seller the buyers title company is suing me for…

Customer Question
I am the seller...

I am the seller the buyers title company is suing me for unpaid assessments which were not included in the closing over a year later. The paperwork was not disclosed at the closing and I had already paid funds into the association. Out of 19 units mind being unit 19 the other 18 units flood insurance was being paid by the Association mine was not included I paid separately after finding this out the total amount of insurance that I pay into the association should cover my assessment because based on shares my flood insurance should've been paid like everyone else's but they were not. So I feel the difference in the unpaid flood insurance covers my outstanding assessment. The document was not shown or signed at closing so they were unaware of the circumstances who is responsible and do I have to pay that now even though I feel like I have already paid it

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I was served last week and I have a court date tomorrow I have not been able to find out any information regarding this

Lawyer's Assistant: Where is the property located?

Fort Lauderdale

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The closing documents a final so I would assume that means final they should not have paid it because I don't owe them

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
11/13/2017
Real Estate Lawyer: Damien Bosco, Attorney replied 5 months ago
Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 4,177
Experience: Helping you with your legal questions.
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Real Estate Lawyer: Damien Bosco, Attorney replied 5 months ago

It's surprising that you were served with papers without any attempt to obtain payment from you prior to the filing of the complaint. There seems to be something missing. Have you been attempting to settle this prior to the service of papers?

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Customer reply replied 5 months ago
No I have not because I feel that I do not owe them anything and I closed July 7, 2016 so why should I make arrangements to pay them when I've already closed
Customer reply replied 5 months ago
If you cannot answer my question here I will be requesting a refund because that's not what I signed up for
Real Estate Lawyer: Damien Bosco, Attorney replied 5 months ago

It appears that the association is telling the buyer that it must pay the assessments. Is that true?

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Customer reply replied 5 months ago
The title company has already paid the assessment and they are wanting me to pay them back the assessment
Customer reply replied 5 months ago
Hello do you have a response
Real Estate Lawyer: Damien Bosco, Attorney replied 5 months ago

Okay. See. Your claim is really against the association. You are arguing that there should not be any assessments that you were responsible for because of the credit you obtained due to the payment of the flood insurance. Apparently, the association disagrees. Your argument is a valid argument and defense so you would have to list this as one of your defenses. The problem is that you would want to include the association in this lawsuit to resolve it. In other words, the title insurance company paid the assessments and they want to be paid back. The association is saying it is your responsibility and you are saying it is not. Another defense is that this was all known already and its too late now. We can continue to discuss.

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Customer reply replied 5 months ago
I made a complaint to the Department of business and Professional regulations and they told me I would have to file a claim against the Association before I closed I found a buyer sooner than later and wasnt able to make a suit prior to closing. My point is the documents You're not entered into the closing prior to the closing so the closing documents say final so do I have grounds to stand on the closing documents final say
Real Estate Lawyer: Damien Bosco, Attorney replied 5 months ago

You have grounds, and possibly a good one since this was all well known prior to the closing and should have been taking care of at the closing. So, you have a defense. It is not black and white but it certainly is a good defense. We can continue to discuss if you want to do so.

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Customer reply replied 5 months ago
I have to appear in court tomorrow for a hearing what should I tell the judge to make my case
Real Estate Lawyer: Damien Bosco, Attorney replied 5 months ago

Generally, it's too late. Your situation has changed. This was all known prior to the closing. You did not agree that the title insurance company was to make a payment. There was no agreement. You never asked the title insurance company to make the payment. They should seek reimbursement from the Association. We can continue to discuss if you want to do so.

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Customer reply replied 5 months ago
The title company owes me a balance for overpaid property tax can I counter sue them for that at the hearing
Real Estate Lawyer: Damien Bosco, Attorney replied 5 months ago

You can file a counterclaim or use it as a defense. If you have further questions, just let me know.

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Real Estate Lawyer: Damien Bosco, Attorney replied 5 months ago

Hello again! Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars so I can get paid for the service I provided to you. Best regards.

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Customer reply replied 5 months ago
Is there any president where you can state that there is a statute of limitation on this matter the first document it acknowledgment of this was October 2016 three months after closing. Other title companies document stated there was a 30 day cap on statues limitations. The original document signed by me is expired by their notary stamp seal on October 2016 If there are no statute limitations on my closing document then I'd like to bring into evidence my closing documents from my original sale which states that units are to treated equally based on their square footage and assessments since I was being assessed more than everyone else having the largest unit and was not being fairly compensated for flood insurance for the three years I was there.
Real Estate Lawyer: Damien Bosco, Attorney replied 5 months ago

For a breach of contract claims, Section 95.11(2)(b), Florida Statutes, states that the statute of limitations is five years for most contracts (contracts for the improvement of real property have a 4-year statute of limitations).

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Customer reply replied 5 months ago
I went to court this morning and I met with the plaintiff and the arbitrator about the issue we could not come to an agreement so the trial date has been set for December 19. is there a situation that could be stated where A judge ruled in my favor because of neglect from the title company and due to fraud by the condo association for using association fees illegally
Real Estate Lawyer: Damien Bosco, Attorney replied 5 months ago

Those are possible defenses to a claim.

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Real Estate Lawyer: Damien Bosco, Attorney replied 5 months ago

Hello again: I have been happy to help you with all of your questions. Please remember to provide a rating between 3 and 5 stars so I can get paid for the services I provided to you. Thank you

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