Legal Question in Real Estate Law in Maryland
Real Estate Taxes paid Twice
Sold a house and paid prorated portion
of county RE taxes at closing. Unknown
to me (or settlement company) my
excrow released funds two weeks prior
to closing which didn't post to county
until 1 week after closing. County
treasurer says I must seek payment
from new owner. New owner says he
isn't paying anything. Ultimately, county
has my money, but new owner benefits
by not paying his own taxes. Who do I
take to small claims court? And is small
claims court an option for suing county?
1 Answer from Attorneys
Re: Real Estate Taxes paid Twice
The settlement attorney may have escrowed money from the new owner to allow his lender (assuming there is a lender) to pay the taxes next due, unless the new lender isn't requiring escrow. If this is the case, perhaps the new lender would agree to release those funds to you, assuming the purchaser agrees. Otherwise, take the purchaser to small claims court.