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  1. #1
    xyzeon is offline Junior Member
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    Oct 2007
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    Unjustly Enriched....

    Texas -
    Got an interesting question and would like to seek advise from both side of story - Good and Bad. Here it is ...

    During the purchase of a home, a well known Title Company had mistakenly double paid Texas Fair Plan Association (govern by state of Texas) an insurance premium on behalf of the purchaser on the house. The double payment came in this manner
    1) During closing - rightful transfer of funds from purchaser to Texas Fair Plan Association
    2) One month after closing, the Title Company paid Texas Fair Plan Association the 2nd time on the same transaction

    Texas Fair Plan having the premium paid twice refunded one of the premium to the Purchaser. Texas Fair Plan is governed by Texas Law and is believed to only refund the premium to the homeowner only. Texas Fair Plan issued a letter to the Purchaser requesting the purchaser to reimburse the premium to the Title Company.

    In this case the Title company suffer a lost of the premium.
    1) Does the Title Company have claims over the purchaser who is unjustly enriched? What is the best way to recover the funds? Through small claim court?
    2) Technically the purchaser own a extra premium to the Texas Fair Plan not to the Title company. Does the letter of reiumbursement request constitute a valid document to assign the rights to those funds to the Title Company?
    3) The Title Company used a debt collector to pursue the premium. The tile company claims that this is a debt to the Title Company, is this valid? There is not a judgement but just a one sided claim. Why yes? or Why no?

    Any inputs would be deeply appreciated.

    Please help....
  2. #2
    HomeGuru is offline Senior Member
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    Catatonic State
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    Quote Originally Posted by xyzeon View Post
    Texas -
    Got an interesting question and would like to seek advise from both side of story - Good and Bad. Here it is ...

    During the purchase of a home, a well known Title Company had mistakenly double paid Texas Fair Plan Association (govern by state of Texas) an insurance premium on behalf of the purchaser on the house. The double payment came in this manner
    1) During closing - rightful transfer of funds from purchaser to Texas Fair Plan Association
    2) One month after closing, the Title Company paid Texas Fair Plan Association the 2nd time on the same transaction

    Texas Fair Plan having the premium paid twice refunded one of the premium to the Purchaser. Texas Fair Plan is governed by Texas Law and is believed to only refund the premium to the homeowner only. Texas Fair Plan issued a letter to the Purchaser requesting the purchaser to reimburse the premium to the Title Company.

    In this case the Title company suffer a lost of the premium.
    1) Does the Title Company have claims over the purchaser who is unjustly enriched? What is the best way to recover the funds? Through small claim court?
    2) Technically the purchaser own a extra premium to the Texas Fair Plan not to the Title company. Does the letter of reiumbursement request constitute a valid document to assign the rights to those funds to the Title Company?
    3) The Title Company used a debt collector to pursue the premium. The tile company claims that this is a debt to the Title Company, is this valid? There is not a judgement but just a one sided claim. Why yes? or Why no?

    Any inputs would be deeply appreciated.

    Please help....
    **A: what class is this homework for?
  3. #3
    efflandt is offline Senior Member
    Join Date
    Feb 2005
    Location
    Elgin, IL USA
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    1,098
    I have no idea what Texas Fair Plan is. But whoever made the extra payment out of their own pocket should get the money.

    It sounds like the title company mistakenly made the second payment. The extra payment was returned to the purchaser with instructions to return it to the title company. That money belongs to the title company. What is there to question?
  4. #4
    xyzeon is offline Junior Member
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    Funny

    I love the way you think...Thanks anyway
  5. #5
    HomeGuru is offline Senior Member
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    May 2000
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    Case closed.

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