Legal Question in Real Estate Law in Florida
Property tax paid by escrow company in error
In 1999 I wrote a check for our 2000 year real estate taxes. My check was returned to me by the revenue department with a letter stating that the taxes had already been paid by an escrow company. We do not have our taxes or insurance escrowed, nor have we ever. I contacted the escrow company and informed them of the mistake and was told that they would research it. This conversation was immediale upon the return of my check. Now, two years plus after the fact the escrow company, under a different name than the original,has sent a letter saying that they would like to be reimbursed for the taxes they paid. They did send a list of names for whom they paid taxes from their escrow fund. Our property ID was listed but not under the correct name. Do we have a legal responsibility to reimburse the escrow company for the taxes paid, or do they have to ''eat'' their mistake.
1 Answer from Attorneys
Re: Property tax paid by escrow company in error
If the error was made by you and in their favor would you expect them to repay you? Of course you would. Why should you expect something different from the mortgage company.
An error is simply that. You are not entitled to any unjust enrichment due to a mistake that the bank made. You must repay the monies owed or be in breach of your mortgage.
Scott R. Jay, Esq. 305-249-8000
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