Legal Question in Real Estate Law in Illinois

Title Company Responsibilities

Purchased condo with deeded parking space in August 2003. Using First American Title Insurance, closing paperwork showed all taxes prior to closing date had been paid by seller. Escrow started for my share of 2003 and future. Received letter from county October 2004 stating taxes for 2003 had not been paid by my mortgage company. Called mortgage company, they tried to pay these, however, come to find out the 2002 taxes were not paid for the seperately deeded parking space and sold at tax sale in 2002, therefore, when 2003's were due they were ''piggy-backed'' to the tax sale buyer. Contacted title company attorney who informed me that money that should have paid the 2002 taxes were sent back to the seller. I have since paid all taxes due, which I was not responsible for 2002, in order to release the 2003's which were my responsibility. I had to pay interest and fines. I want my money back, however, title company will not return calls. I need to know what course I have with the title company and the seller who signed a legal document at closing stating that all taxes had been paid before the closing date.


Asked on 12/14/04, 10:59 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Title Company Responsibilities

Here's where people usually wish they had hired an attorney to represent them at closing. No, the title company did not represent you. They can't. It's not too late to hire an attorney, but it's kind of like buying your car insurance AFTER you've wrecked the car--it's going to cost you quite a bit more. Did you get an owner's policy? If not, the title company is probably not responsible. If you did get an owner's policy, did the title company insure the parking space? If not, the title company is probably not responsible. Was the document the seller signed to protect you or the title company? An attorney would have checked on these things, and many others. Promise me you'll hire an attorney to represent you in your next real estate transaction.

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Answered on 12/15/04, 8:57 am


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