Legal Question in Real Estate Law in Illinois

We closed on a home in Aurora il in oct 09. It was a short sale. Now in jan 10.... we get a letter from the HOA stating there are HOA fee arrears that we must pay because a closing statement was not requested from them during the closing of our home. Shouldnt the title company or lawyer have informed us of this at closing ...and are we liable for arrears in fees prior to our purchase. Any advice will be appreciated. thanks


Asked on 2/04/10, 12:28 pm

1 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Yes, the title company should have caught this. However, you need to read over the policy to determine whether they listed it as an exception. If not, you probably have a valid calim.

If it was on the title commitment, your attorney should have caught it. If not listed, it is not really his or her fault.

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Answered on 2/09/10, 3:21 pm


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