Legal Question in Real Estate Law in Georgia

debt collection at closing

We received a Preliminary Report six hours before our scheduled close on the home we purchased outlining the cost at closing and found no problems with the amounts entered. At closing a revised form was presented that included the last two payments for my car as being included with closing costs.

We asked the lawyer how this could possibly be included and were told that there were obviously credit report issues and she was instructed to collect this money. We objected stating that we had never had a collection issue with our auto and that the amount she was demanding was more than we owed on the car. We had one remaining payment due Sept.30. We had our credit union fax a statement that this was in fact the only money due. The closing attorney still insisted that unless we wrote a check for this amount, the closing would not continue.

We have no way of guaranteeing that this final payment will made on time and do not want to make two final payments on our car.

How do we guarantee that our final payment is made on time and how can this type of forced collection on a car payment be allowed?


Asked on 9/02/05, 11:44 pm

1 Answer from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: debt collection at closing

This is pretty normal. The new lender wants to make sure that your other obligations are paid off.

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Answered on 9/05/05, 6:02 pm


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