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its like death and taxes -- gotta pay!
Posted by Pete Saab 9-5 (more from Pete Saab 9-5) on Mon, 8 Nov 2004 13:04:45
In Reply to: Re: Garry, thanks! I will find out who that was., t_mokes, Mon, 8 Nov 2004 12:44:29
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Ultimately someone(presumably YOUR lawyer or closing agent) should have caught this before closing --
Typically what would happen is that your lawyer would withhold from "funds to seller" an escrow to cover outstanding association fees, or any repairs, etc.
Then your lawyer would pay the back association fees, and for repairs (if there was anything like this).
Excess escrow would go back to the seller's attorney.
Ultimately YOU -- as owner are fully responsible for this.
That said -- if your lawyer or settlement agent screwed this up -- they ought to (without any added cost to you) fix this!
BTW -- if the association either 1) did not file a lien against the property or 2) your lawyer did not check with the association prior to closing -- then title insurance will amost certainly not cover you.
As I said -- send a polite letter to your association manager asking them to suspend future fines/interest -- saying that 1) it took them 3 years to uncover this, and 2) you are actively pursuing this with your lawyer/closing agent.
Then, be sure and send a detailed letter to your closing agent/lawyer -- and request they take steps to remedy this!
good luck -- Pete
posted by 207.97.136...
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