Legal Question in Real Estate Law in Massachusetts

Error on closing papers: Do I pay?

22 months ago I closed on the sale of my house.I have just received a collection notice for $1054.00 from the mortgage company. I received no notice prior to this.I have called the bank several times to obtain proof of debt.First, they claimed I didn't pay my rate lock agreement and sent me a letter stating such. After I disputed this, the mortgage company told me it was a clerical error, and they wrongly credited me $1054.00 on my HUD sheet.My commitment fee was $1430.00 but now after 22 months I am missing records and can't prove I paid it. Do I owe?


Asked on 4/09/00, 10:50 am

1 Answer from Attorneys
Stuart Williams

Re: Error on closing papers: Do I pay?

Make them prove you didn't pay it. Make them prove there really was an error. If it was their error, make them prove you have to pay it ... actually you MIGHT have a legal defense against paying it even if they did make an error and you would otherwise have owed it. Talk to a lawyer!

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Answered on 4/23/00, 10:55 pm


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