Legal Question in Real Estate Law in California
I recently purchased my first home ( a foreclosure). A few weeks after I moved into my home I got a letter in the mail from an attorney titled "foreclosure imminent" The letter said the law firm had been retained to collect delinquent special taxes pursuant to the "Mella-Roos act of 1982." The letter also states the delinquent taxes were removed from the county tax roll. The firm states "Despite the notice, when you subsequently purchased the property, your escrow holder did not conatct this office and cure the deliquent special taxes. Therefore, the removed amounts remain a foreclosable lien against your parcel." My question is, can this really happen? I did not even think this could be possible. I understood that it is the requirement of the seller to convey "clear title" I can not even imagine that I could be held responsbile for the previous owner's deliquencies. Please help....I am beyond stressed about the possiblity of having to worry about this happening. Thank you for your insight.
1 Answer from Attorneys
When you purchased your home, I presume you got title insurance, usually from the same company that handled the escrow. You should immediately take a copy of the letter to the title/escrow company and ask them to take care of it for you. I expect they will. If they give you any trouble or run around, feel free to get back to me. I spent over five years as a vice president and litigation counsel for the Fidelity family of title and escrow companies, including Chicago Title and Fidelity National Title. So this is an arena with which I am VERY familliar.
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