Logo Trulia real estate search

Advice & Opinions—El Dorado Hills

Top Voices      Member Search BETA      Create a profile
 

We had a federal payroll tax lien against our former home. When we sold the home and purchased a new home,?

our title company did not pay the IRS the total amount of the lien (unsure why---most likely human error) and subsequently transferred the remaining funds to our personal bank account which we then used to put down on our new home. The IRS went after the title company to make up the difference. The title company paid the IRS and then began asking us for the money. Our accountant said the title company made a mistake and it was not our responsibility to make them whole. She said that's what title insurance is for. We're now being sued in small claims court by the title company (in CA). Do we have a responsiblity to pay back the title company? Or should the title insurance take care of this as our accountant says it should? If so, why are we getting sued?!
 
Useful
(0)
 
 
Not useful
(0)
 
  report get email alerts email a friend
 
Home Buyer
in El Dorado Hi...
L Costello, Home Buyer in El Dorado Hi... in El Dorado Hi...
Answers (3)
Show me:  Recent Answers     Oldest Answers     Highest Rated  
 
Brent Bester was FIRST TO ANSWER Darren Miller received BEST ANSWER
BEST ANSWER
Hi Larry,

I'm quite familiar with your situation. This happens quite often in the settlement business, believe it or not. Grab your final HUD from the sale of your property and contact me if you would like to discuss further.

Fri May 16 2008, 18:02
 
Useful
(0)
 
 
Not useful
(0)
 
 
report
 
Yikes! Definitely find a good attorney. Not that my opinion matters, but I would think that you do have a responsibility to pay the IRS, not the title company.

Fri May 16 2008, 14:50
 
Useful
(0)
 
 
Not useful
(0)
 
 
report
 
FIRST ANSWER
That is a very different scenario I have never heard of and would love to see some intelligent answers on. I am not an attorney but I would advise you to seek a good real estate attorney if you are getting sued. If the IRS went after the title company I would think they would be liable. Good luck with this!

Fri May 16 2008, 14:29
 
Useful
(0)
 
 
Not useful
(0)
 
 
report