Legal Question in Credit and Debt Law in Missouri

mortage company not known to me paid my real estate tax

At the end of the past year--I received a letter from a mortage company (I have never done any business with of any kind)they explained they had made a error and managed to pay my real estate taxes on my family home--and I owe them 1500.00 the amt of the taxes due--do I owe them this--or is it just their fault--what can they do if I don't pay it to them--I am retired and on diasability and was not sure how or when I would pay the county--so what must I do--thanks you--the tax office says they are paid.


Asked on 2/24/04, 10:42 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: mortage company not known to me paid my real estate tax

They made a mistake. You have no contractual relationship with them. You might have an equitable duty to pay them because you have been "unjustly enriched" by virtue of their payment of your debt. However, they would have to sue you, most likely in Small Claims Court, to collect it.

There may also be a defense under the voluntary payment doctrine, although that's more problematic.

I suspect until they file a lawsuit you can probably ignore them.

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Answered on 2/25/04, 8:10 am


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