You are responsible to pay the mortgage recording tax. If it is not properly paid, the municipal clerk may reject the filing. It may result in your defaulting under a variety of obligations. I suggest asking for a detailed explanation of how the number was calculated, and if it seems accurate, paying it without delay. The lawyer who represented you at closing can advise on whether the explanation is legitimate.
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Aside from the obvious question which was already answered by attorneys Berson & Welch, maybe you're asking whether the title co is responsible for their mistake? PROBABLY NOT. Most assuredly, you signed something that says (even though it's your obligation and that should go without saying) that you'd hold them harmless in the event something like this occurred. They will have no choice but to cover the costs in order to protect themselves (they insured a lender) but rest assured they will go after you for reimbursement.
I'm 3 "most helpful" answers away from a free iPad! I may be guessing or not licensed in your state so don't rely upon anything I say. No attorney/client relationship exists. Who reads these disclaimers anyway? If you're reading this, let me know because I'm curious. Did you know that a watched pot never boils and that a stitch in time saves nine? Or that a rolling stone gathers no moss? Honestly, I am surprised that you are still reading this disclaimer. Personally, I normally don’t pay much attention to these things. I am impressed and I commend you for taking the time. I never actually anticipated anyone would ever get this far into my disclaimer and I only wish I had something more meaningful to say. Thank you for bearing with me and for sticking it out to the end.
I agree with every comment from attorneys previously responding but will be more blunt. You should pay it because that is the ethical and morally correct thing to do. Even if you had NOT signed anything at closing covering such errors in calculating mortgage taxes (but I suspect you did sign such a document because they are typically part of a closing), you should pay this anyway because it is your legal obligation and the RIGHT THING TO DO. Leaving the burden on the title company, even though they made an error, is simply wrong. Sometimes title companies will just let it go rather than sue you for it, but not paying it once you are shown the error would be taking advantage of the title company. I suspect you know that already but are just hoping somebody will give you an excuse not to pay this debt. Just pay them what you owe. You will sleep better for it.
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