Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Other Real Estate Law Questions

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-11-2003, 12:55 PM
frank_e_g
Guest
 
Posts: n/a
Angry

Previous owner's delinquent prop. taxes, PART 2


What is the name of your state? California

Thanks to all who responded to my previous post regarding payment of previous owners delinquent property tax....

Previous owner's Delinquent taxes were shown in the preliminary title report; however, I am not sure if the language used in the closing docs indicates if I have clear title to the property? I copied the pottom portion of the "Instructions to Escrow" form, first page, which are the instructions that the escrow officer needs to follow to complete the signing of the closing documents. I've found only one reference regarding the priliminary title report (which lists the previous owner's delinquent taxes), but no direct reference to the taxes, nor any amounts.

To this end, can someone help me decipher this statement in the closing documents, to determine who needs to pay these delinquent property taxes, or if the escrow co. made a mistake in not deducting the amount from the seller's proceeds? here it is exactly as it appears on the "instructions to escrow" :

***************************************

"PRIOR TO FUNDING WE WILL OBTAIN:
[ ] Final compliance Inspection report. Notify this office when work is completed.
ALTA POLICY must contain Endorsements 100, 116, 8.1, and
8.1, 100, 116, 103.5 with liability in the amount of our loan on
property described herein.
LIABILITY SUBJECT ONLY TO: (Gen and Spec. taxes) Fiscal
Year 2-03 FIRST HALF PAID
Funds may be used for account of the vestees, and you will
record all instruments when you comply with the following:
1. Issue said form of Policy showing title vested as shown
below.
2. Issue said form of Policy free from encumberances
except items 1, 3, 4, 5, 6, 7, 8 of preliminary Title Report
dated XX/XX/2002
FHA OR VA: BUYER CANNOT BE CHARGED FOR ANY
ENDORSEMENTS TO ALTA POLICIES"

*********************************************

By the way, item numbers 1,3,5,4,5,6,7,8 referenced above refer to items such as water rights, claims or title to water, and easements affecting a portion of the land, etc. Notice number "2" is missing, which is a reference to the previous owner's delinquent property taxes (2000-2001).
"9" and above, which are also missing, refers to the seller's mortgage loans, etc.

Thanks in advance!
  #2  
Old 06-11-2003, 02:35 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Read my response in your other thread.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:18 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.