What is the name of your state (only U.S. law)? Florida
I bought a foreclosure that was deep in arrears with HOA (Home Owner Association) fees. I purchased title insurance and the closing went smoothly. The contract was predicated on all liens vacated and clear title being delivered to me.
I recently received a demand for $37,000 in past HOA dues and attorney fees along with a threat of placing a lien on the property. This is from the law firm the HOA uses for collections. I now find out that the title company did not file an estopple during the closing which I was under the impression was necessary. Attorney for title company claims estopple was not needed to be filed.
Further researching Florida law, I found the maximum I can be liable for 6 months of past HOA dues (Florida statute 718.116 (1) (B) (1). Would this not a fraudulent lien being placed on my property seeing how it is a "willful exaggeration" as outlined in Florida statute 731.31 (2) (a)?
Is the title insurer liable for this since in essence I was not given clear title?
I bought a foreclosure that was deep in arrears with HOA (Home Owner Association) fees. I purchased title insurance and the closing went smoothly. The contract was predicated on all liens vacated and clear title being delivered to me.
I recently received a demand for $37,000 in past HOA dues and attorney fees along with a threat of placing a lien on the property. This is from the law firm the HOA uses for collections. I now find out that the title company did not file an estopple during the closing which I was under the impression was necessary. Attorney for title company claims estopple was not needed to be filed.
Further researching Florida law, I found the maximum I can be liable for 6 months of past HOA dues (Florida statute 718.116 (1) (B) (1). Would this not a fraudulent lien being placed on my property seeing how it is a "willful exaggeration" as outlined in Florida statute 731.31 (2) (a)?
Is the title insurer liable for this since in essence I was not given clear title?