More details to this question:
I've recently hired a title company to research and clear a property of all liens and delinquent taxes and to issue a warranty deed at closing. I have evidence to prove they have failed do carry this through. The funds I have provided for purchasing the property and closing are being held in escrow. I wish to have my funds returned. The seller has refused to sign the release of earnest money. I believe the purchase agreement will not support the seller’s claim of the contract to hold me responsible for refusing to pay outstanding property taxes prior to closing.
2 ANSWERS
Elder Law Attorney serving Hollister, CA
at
Charles R. Perry
Update Your Profile
You will need to review the escrow instructions to see what procedures are set up in case of disagreement between the parties to the escrow. I also would contact an attorney to help you with writing a letter, demanding the return of property held in escrow, and if necessary, demanding compensation for any damages you have suffered. In a worst case scenario, you would have to file a lawsuit or arbitration proceeding to recover your property. There are many litigation lawyers on LawQA who could help you.
Answered on Oct 30th, 2012 at 9:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
I would suspect that you should be engaging an attorney. Generally, the delinquent property taxes or liens are paid at closing out of the proceeds which would otherwise go to the seller who has failed to keep their obligations. Without additional details I can give you no additional information.
Answered on Oct 30th, 2012 at 9:25 PM