My husband purchased a house in 2006, we went thru a title company

Asked over 1 year ago - Chicago, IL

2 months after we closed we found out that we had a Association with Dues. Not only did they want us to pay our dues, they wanted to collect on the past owners past due amount back to 1998. We tried to work it out with the Association to no avail. Now my husbands check is being garnished for $5500. What should we do

Attorney answers (3)

  1. Thomas O. Moens

    Contributor Level 20


    Lawyers agree

    Answered . Have you looked at the title policy to see if it excepts the restriction which requires you to pay these dues? Were there any liens from the association shown on your commitment? Any payments to the association on your settlement statement? If it does not appear on your policy, you might have a claim against them. I do not believe the title company has an obligation to inform you of this otherwise. There are limits to what can be collected in certain circumstances. You should contact the attorney who represented you on the transaction. If you did not have one, now would be the time to retain one.

    By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to... more
  2. Chen Kasher

    Contributor Level 15

    Answered . You need to retain a good civil litigation attorney (ideally someone who concentrates in real estate). You could potentially have causes of action against the title company or association.

    As for the title company, they never told you about the association or the encumbrances on the property because of the old owners?

    What the association is doing may also not be legal.
    (773) 853-3062

    This answer is intended as informational only, and does not constitute legal advice or form an attorney-client... more
  3. Michael T Millar


    Contributor Level 19

    Answered . You likely had caused of action against the prior owner and the title company.

    However, you have now waited seven years after learning of the problem. The claims may be time barred by the statute of limitations. You will need to speak to local litigation counsel.

    I am not a IL attorney, laws vary from state to state, therefore you should always consult a local attorney.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more

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