Legal Question in Real Estate Law in Alabama
Someone else paid our taxes.
My wife and I purchased a house in September of 2005. We went to pay the taxes, but they had already been paid. I call the real estate company and they said no problem and I didn't have to worry about it. Now I get a call from a mortgage company that says they can send me to collections if I don't give them their money back. I have no contract with this company and neither did the seller. Can they legally send me to collections?
1 Answer from Attorneys
Re: Someone else paid our taxes.
In order to better answer your question, I need more information about the mortgage company that is trying to collect from you. Were they the seller's mortgage company or the mortgage company that originally or previously held your mortgage?
If they were the seller's mortgage company, then you have no contract with them regarding the payment of taxes and they should not be able to collect those monies from you. Their recourse is to go back to the seller, with whom they had a contract.
If the mortgage company trying to collect has, at any time, held your mortgage, then there is most likely a clause in your mortgage that gives them the right to pay property tax on your behalf, then look to you for reimbursement. You should review your mortgage, or have an attorney review your mortgage, to determine if such a clause is in it. If so, then you should reimburse the mortgage company. If not, then an attorney can advise you on the appropriate steps to take.
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