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  #1  
Old 12-06-2007, 01:26 PM
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Join Date: Dec 2006
Posts: 23

Property '06 taxes mistakingly paid by someone else, now they want money back.


What is the name of your state? FLORIDA
I am not sure if this is the correct category for this question, but I hope someone would be of assistance.

I was unaware of this until I received a surprising letter from let's call them "XYZ" Company. Apparently in Dec. '05 or Jan '06 XYZ Company inadvertently paid my 2006 Property Taxes for my condo (about $1500). My own Mortgage company paid these as well with my escrow. So, all this time I have had an overpayment (because of XYZ's mistake) and have a positive balance in my current escrow (I assumed because it was a miscalculation but now I know why). Apparently XYZ company made a huge error when closing someone elses property. Instead of paying their property taxes, they sent a payment to mine.

XYZ company apparently discovered their error and recently contacted me, by regular mail. They informed me of the mistake and added they want their money back with the following key statement: "Because XYZ Company had no legal obligation to pay your taxes, you have been unjustly enriched by its payment. In a legal procedure, a court could force you to reimburse us based on the unjust benefit that you received."

What should I do? In all honesty, if I had the money, I would research and confirm the error and send them a payment. However, times are hard (new, lower paying job due to company under sizing -- bad year with medical payments for children) and their error has been an unexpected godsend which has helped my own mortgage payments by reducing the escrow over the past year (as I said before, i had no idea until now. I assumed it was a miscalculation in my own closing which the mortgage company corrected).

So, do they have any legal means to force me to pay back their error (assuming it is correct)? They sent me a regular letter and a certified one (which I have not signed as of yet) -- Should I accept the certified letter? If the answer is they have no legal right, can they make my life hectic by attempting legal action? Would it be civil court?

If the answer is that they DO have a legal right, then, since it was their error and I really did not realize it until their letter, how should i approach them about letting them know that I cannot pay them in full (setup payments WITHOUT interest or penalty)?

Of course, if they have no legal recourse, then please let me know if I should reply and, if I should reply, exactly what to say (including any legalese that I could include that will make them think twice about harassing me).

Thank you for your help.
  #2  
Old 12-06-2007, 01:29 PM
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Join Date: Aug 2007
Location: With Capt'n Hook
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If your taxes and house insurances are escrowed, forward the letter to your escrow company. The funds are there for them to pay the taxes.
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  #3  
Old 12-06-2007, 06:43 PM
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Join Date: Nov 2000
Posts: 931
Duplicate thread.

Last edited by ShyCat; 12-06-2007 at 06:49 PM.
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