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Who is liable when there is an error discovered after closing.

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Mustphoto

New member
My husband and I sold our house in south florida. Closing was on 12/5. The payoff to my lender, according to the closing documents was good until 12/7. The title company wired my closing money on 12/5. There was $6,000 still in escrow because I was waiting for a satisfaction of judgement for a credit card debt that I had paid a few days before closing. It is specifically stated on my closing documents that the escrow money is for the credit card company.
On 12/11 I received an email that I need to give back around $10K because there was a mistake in the closing and if I don’t interest and penalties will start to accrue.
I finally received the satisfaction and sent the title company the satisfaction of judgement for the credit card debt but i think they went ahead and gave that money to my original lender.
Who made the mistake in the first place? My original lender or the title company?
Did the title company have a right to take that money and give it back?
 


Zigner

Senior Member, Non-Attorney
If they gave it to the original lender, then any overpayment will be returned to you by the original lender. Contact them.
 

Mustphoto

New member
What mistake? You haven't said what the mistake was. Details count.
Either the original lender or the title company did not have the correct closing numbers. That is the mistake.
The title company took the $6k which was in escrow and specifically stated for the credit card company. I gave them the satisfaction of judgment but apparently they gave that money to the original lender instead of me. Is that legal?
 

Zigner

Senior Member, Non-Attorney
(tap tap) is this thing on?


If they gave it to the original lender, then any overpayment will be returned to you by the original lender. Contact them.
EDIT: Are you saying that you owed $10k more on your loan than you originally were led to believe? If that is the case, then it was proper to pay the lender...and you still would owe whatever is left over. Even if it wasn't proper, it's a "no harm/no foul" situation because you have the benefit of having your debt reduced by $6k.
 

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