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dispute with mortgage company over payment of property taxes
Inver Grove Heights, MN
Viewed 330 times.
Posted 12 months ago in Real Estate
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contract law:
My mortgage company erroneously paid my property taxes on one of my properties last year. I didn't even know they did this until I went to pay the taxes myself and the County returned my money to me saying that they had already been paid. The mortgage company recently discovered their error and are attempting to be re-imbursed directly from me. I talked to the County about it and they said that the mortgage company would have had to come to them within the same year of the erroneous payments in order to seek a refund. So evidently they caught it too late to do that, hence the reason they are probably coming after me direct. I'm not too motivated to help them rectify their error, becuase I feel like my legal obligation regarding property taxes is to the County only, not to some 3rd party that contacts me and wants reimbursement for an error they made. Do they have a valid case aginst me directly?
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Answers (1)
Christopher Sean Cooke
This attorney is licensed in California.
Posted 12 months ago.
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If you don't pay your mortgage company the taxes they paid on your behalf, you will likely be sued. If you are sued, you will likely lose, since you did owe the taxes and the mortgage company, on your behalf, paid them. Depending on the terms of your mortgage agreement, may be liable for any legal or other expenses incurred by your mortgage company to collect.
Now, if you didn't owe the taxes, the situation would be different. Or if you had a dispute with the taxing authority, and your mortgage company paid the taxes, despite being notified of the dispute, that could be grounds to withhold payment. But your case seems to be just one of confusion on the mortgage company's role in how, and when, property taxes are paid. Unfortunately, you are responsible when third parties act in good faith to resolve legitimate financial obligations you have. I suggest you write the mortgage company a check and provide clear direction as to how you want the property taxes paid in the future. Good luck! Chris Cooke San Diego, CA Chris@BWNemethLaw.com
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