Legal Question in Real Estate Law in Florida
refinance
is it legal that after a closing, where you have received money from the equity of your property you be asked to return money back? this is asked of you two weeks after the closing where everyone signed, tittle, broker etc. which means everyone agreed to the amount of money you were receiving. Now they are asking for you to return 18,000. because there was an error. Is this legal??? Suppose someone made a mistake in the calculation, legally, are you bound to return that money back???
2 Answers from Attorneys
Re: refinance
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If an error was made in the computation of the closing figures, the closing agent is entitled to ask for a refund of any monies wrongfully given to you. At closing, I am sure you signed an agreement agreeing to make any necessary corrections as it is standard protocol at all closings.
Turn the tables around. If the error was made in the other direction, would you think you are entitled to a refund? Of course you would be. You are legally bound to return any monies wrongfully given to you. Failure to do so may be considered civil theft for which you can be prosecuted civilly and which carries a penalty of treble damages and an award of attorney's fees.
Scott R. Jay, Esq.
Re: refinance
You are only entitled to money you deserve; you know the answer to your questions. Property closings are not simultaneous lottery drawings.