Sally K. & David L. Hanson, WI Real Estate Agents - Luxury - Divorce  (EXP Realty 414-525-0563)

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Rainmaker
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Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Wouldn't be a next time with me unless the title company said "My bad, we'll pay that for you."

 

Depending on the cost, I'd only recommend getting a lawyer involved if it won't cost a fortune.  Other than that, I'd try to make the title company eat their mistake.

Dec 26, 2015 06:28 AM
Rainmaker
3,404,603
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Had that happen once, and they wonder why I do not use them anymore

 

Dec 26, 2015 05:41 AM
Ambassador
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TeamCHI - Complete Home Inspections, Inc.
Complete Home Inspections, Inc. - Brentwood, TN
Home Inspectons - Nashville, TN area - 615.661.029

 Good morning Sally. I feel that it would be the title company's responsibility to make good on their error. They make plenty of money that's for damn sure.

Dec 26, 2015 05:29 PM
Rainmaker
634,116
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

It isn't worth getting a lawyer involved unless the payment is a substantial amount. My first action would be to call the Title Company on behalf of my client and ask for confirmation that they made an error. Ask for their explanation. Then ask them to cover the expense. They may agree or cover some portion.

Dec 26, 2015 05:04 PM
Rainmaker
2,327,351
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Sally. If the title company screwed up, they should take responsibility and fix the problem.

Dec 26, 2015 04:54 PM
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Sally K. & David L. Hanson we are attorney state so the title company will not be involved.

For any incorrect information in HUD (now Closing Disclosure)....not happened so far.

Dec 26, 2015 03:43 PM
Rainmaker
220,284
LuxurySoCalRealty Compass San Diego
Compass - La Jolla, CA
San Diego Partner - The Private Client Network

Following Sally K. & David L. Hanson curious to know what was not paid

Dec 26, 2015 12:48 PM
Rainmaker
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Lisa Von Domek
Lisa Von Domek Team - Dallas, TX
....Experience Isn't Expensive.... It's Priceless!

As some of the other comments mention, not enough information to determine...it depends on what the payment was for and the amount.  And, why the agent didn't catch it when reviewing the closing document before closing!

Dec 26, 2015 12:38 PM
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Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

Our title companies would probably eat it but only after contacting the seller and seeing if the seller would pay up.

Dec 26, 2015 11:53 AM
Rainmaker
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Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Sally K. & David L. Hanson I would expect the title company to pay the bill as they overlooked the bill.  Period, end of discussion

Dec 26, 2015 11:00 AM
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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

have had it happen before with the seller no where to be found, and the title company got it fixed.

Dec 26, 2015 10:42 AM
Rainmaker
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Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

It may depend what the payment was for, what the seller signed for docs saying they would come back and "fix" any forms needed. I would check with  lawyer before giving advice. 

Dec 26, 2015 08:53 AM
Rainer
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Mike Rock
Complete Design - Granite Bay, CA
Granite Bay Luxury New Construction...For Less

what was the nature of the payment due? hoa? taxes? i think a call to the title mgr/pres whatever will bring an end to this in a hurry. IF IT was within their realm to collect

Dec 26, 2015 06:30 AM
Rainmaker
4,798,469
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I would think the title company would cover this and they should have insurance for it.  Otherwise, calling an attorney may very well be in order.

Dec 27, 2015 02:59 AM
Rainmaker
4,315,292
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Sounds like the title company should take care of it.    They are responsible to transfer the property free and clear.   I would not use them again. 

Dec 26, 2015 10:56 PM
Rainmaker
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Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

It would depend on the situation.

Dec 26, 2015 10:07 PM
Rainmaker
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Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

every closing here has a document that's signed that states if there's an oversight on a financial item, it will be paid by the party involved...

Dec 26, 2015 09:48 PM
Rainmaker
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Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Those that make the mistake should cover the expense of their mistake

Dec 26, 2015 09:41 PM
Rainmaker
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Nina Hollander
Coldwell Banker Realty - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

We don't use title companies here so I'm a bit at a loss. And I've never come across this situation, especially as our closings are handlesd by attorneys. But first, if it's a critical payment, the Seller needs to make sure it's paid pronto.

Dec 26, 2015 06:56 PM
Rainmaker
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Linda Guess
Keller Williams Tri-Lakes Branson, MO - Branson, MO
Branson area real estate sales.

Being this isn't a real situation.  It is difficult to answer.  If I were the seller and I owed the money, I would want to pay the bill.

Dec 26, 2015 10:27 AM
Rainmaker
140,418
Joan Dickie
Keller Williams Premier Realty - La Crosse, WI
Keller Williams Premier Realty

In my area, I doubt the title company would eat the cost if they make mistakes.  If I make mistakes, I pay for them, I don't just say Oops.

Dec 26, 2015 08:18 AM
Rainmaker
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Roy Kelley
Realty Group Referrals - Gaithersburg, MD

You did not provide enough detail for a good answer. Title companies sometimes do make mistakes, just like the rest of us.

Dec 26, 2015 07:19 AM
Ambassador
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Patricia Kennedy
Redfin - Washington, DC
Home in the Capital

So how much money are we talking about here?  If it's not all that much, the title company will usually eat it.  And if it's a large amount, they might not want to.  But yeah, next time?  Not gonna happen unless the title company fixes it.

Dec 26, 2015 07:19 AM
Rainmaker
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Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Lend Smart Mortgage, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

Wasn't an agreement signed at closing for all parties to cooperate to resolve any mistakes made at closing? This is typical at Florida closings.

Dec 26, 2015 06:43 AM
Rainmaker
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Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

These incidents were previously eaten by the title companies however now we see the disclosures and waivers of responsibility mixed into the closing docs. Yes, mistakes happen, and when they do you'll only get one shot at it with me. Keeping fingers crossed that all the i's are dotted and t's are crossed is not the way to conduct business. The solution is one button away on my speed dial! 

Dec 26, 2015 06:38 AM
Rainmaker
3,330,223
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

My questions are not always "real life" as much as they are meant to stimulate. Conversation.

Dec 26, 2015 06:18 AM
Rainmaker
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Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Sally,

I don't understand the question.  Is the Title Company asking the Seller for the money now?  It would make sense to me that they should be held accountable and not the seller.  Yes, I would contact and attorney, just in case, but then I temper that in that we come from the most litigious state in the US.  I have not idea how it goes in Wisconsin.  A

Dec 26, 2015 06:14 AM
Rainmaker
799,166
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

I'm not entirely following. What type of payment?

Dec 26, 2015 06:05 AM