Legal Question in Real Estate Law in Florida

I cancelled the closing on my refinance the day we were suppose to close. There was alot of miscommunication throughout the process. I was told things over the phone that later were found not to be true (one example, I could save the waiver fee by escrowing insurance/taxes and after closing I could tell the bank I wanted to pay it myself. I found out most banks won't let you do that for at least a year). The day before my closing, I noticed my automatic mortgage payment was taken from my account and that was not reflected in the payoff amount on the HUD. They also told me 2 hours before closing that I would have to pay an additional $825 for homeowners insurance because they didn't know it wasn't paid in full (I pay premiums quarterly). At this point my costs were over $10,000 and I didn't feel comfortable closing. They told me I would have to pay all these fees if I didn't close the next day. I still decided not to close because I felt they were pressuring me to close when I knew the HUD amount was wrong. Now they are threatening to put a lien on my house and ruin my credit if I don't pay them the full $3,600 that they would have made if I had closed. I know I have a 3 day right to recind after I close, but if I cancel before I close for what I feel are justified reasons, am I still obligated to pay them? I'm already out the appraisal fee. They told me they are contacting their lawyers to collect payment. What are my rights?

Asked on 11/03/10, 5:25 pm

David Slater David P. Slater, Esq.

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They cannot place a lien without a judgment. It sounds like you have valid defenses should they sue you.

Answered on 11/10/10, 8:09 am

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