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Is the Estate enitled refund ?

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BL

Senior Member
Is the Estate entitled refund ?

What is the name of your state? NY

History. DEC.23, 1982 Contract DEED - Party of the first part conveys warranty title.
Contract specifies taxes for 1980,1981,& 1982 to be paid by the Second party and any & All expenses to transfer deed.
Dec,24.1982 Party of the second part takes out Mortgage "lien" to pay taxes of 80,81,82.
1986 Deed Vacated in all respects ( as breach of other specifics in contract of Dec.23,1982.
1996 Estate sold - attrn: handling probate Pd. lean that was the sole responsibility of the party of the second part in 1982 to the second part's employer who held the lien that never should have occurred.

Attrn: handling probate says that since employer received monies from the lien ( that never should have occurred) in Good faith they are not obligated to return it to Estate .

Can I legally recover the monies wrongfully pd. To the CO . out of the sale of Estate ? and who should refund it ?

What are the time Limits ? Statutes of limitations ?

Can I take the Co. which was pd. this money to small claims Civil court and win ?
 
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BL

Senior Member
Anyone ??

I have called a Lawyer through Lawyer referal Services ,but now they won't call back or set up an appoint. for consult ?

Bottom line : A Company got paid $3,000.00 it paid on an Employee's behalf .

A lien was placed on the property under the Employees title.

The contract is clear in it's signing, these taxes were to be paid by the Employee as a condition FOR the sale and transfer of said DEED ( title ). in 1982

In 1986 the DEED was vacated in all respects.

The company was pd. the $3,000.00 in 1996 by a lawyer ( who by the way originally notarized the contract of 82 ).

Can I sue this Company for the return of the $3,000,00 to the Estate , ( that was the responsibility of the Employee) ( title holder ), under the 1982 CONTRACT.
 
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