Hello,

I bought a home in October 2010 in Illinois in an estate sale (the previous owner passed away in December 2009). I live in a county where property taxes are paid in arrears (2009 taxes paid in 2010, 2010 taxes paid in 2011). Taxes are paid in two installments (February & November.)

At the time of the home purchase, the seller (trustee) credited me about $500 for the taxes remaining taxes due in 2009. However, when the tax bill was issued the following month, due to exemptions not being filed by the previous owner, the tax bill was $4200. This amount came out of my escrow account with the mortgage company. Furthermore, the total taxes for 2010 (payable in 2011) came to $5,200. Since the seller's trustee credited me $3200 at closing for the portion of 2010 that I didn't own the house, there is still a shortfall (prorated, the seller's portion should've been $4000.)

Trying to contact the seller's trustee (through my attorney) has been fruitless (no response). The amount in taxes that ended up being paid out of escrow (which I then had to cover as a shortage) for the time I didn't even own the home comes to about $8300. I was only credited about $3700. Is there any recourse available to me?

Thanks!

An attorney is the one to ask about the grounds for a lawsuit. Usually at closing the seller signs a proration agreement for such an eventuality. Do you have one in your closing documents? Have you contacted the company that did your closing? Have you contacted your Realtor?