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sstane1 · Oct 10, 2007, 04:02 PM

My fiancé and I bought a condo in Sept 2005. Our mortgage company was supposed to pay our property taxes because we escrowed for it but they didn't. I am trying to refinance(my fiancé and I split up and he signed a quick claim deed) but I just found out that the mortgage company didn't pay the second half of our 2004 taxes. They ended up giving us a refund check later on not realizing what it was for. My question is that because he signed the quick claim deed is he still half responsible for those taxes? The taxes were already sold and the fees are outstanding. I don't know if I should go after him for this or if he is even liable for the taxes. Please help.

hmcglynn · Oct 10, 2007, 04:44 PM

Originally Posted by sstane1

My fiance and I bought a condo in Sept 2005. Our mortgage company was supposed to pay our property taxes because we escrowed for it but they didnt. I am trying to refinance(my fiance and I split up and he signed a quick claim deed) but I just found out that the mortgage company didnt pay the second half of our 2004 taxes. They ended up giving us a refund check later on not realizing what it was for. My question is that because he signed the quick claim deed is he still half responsible for those taxes? The taxes were already sold and the fees are outstanding. I don't know if I should go after him for this or if he is even liable for the taxes. Please help.

First you need to verify that the refund check given was in fact 2004 escrowed tax amount. Not an overage from a later year. Banks tend to lose track of what's going on if they bought that mortgage from another lender. When you buy property the taxes are prorated the seller gives you a credit for the time that they owned the property up until the closing date. Which you should see on your closing statement. I think you need to contact a real estate attorney to further investigate this matter. But I'm pretty sure you might be able to place a judgement against him to pay his portion of the 2004 taxes. Especially if the check from the lender was made out to both of you.

AtlantaTaxExpert · Oct 12, 2007, 10:16 AM

Agreed! He lived in the condo during the tax period, so he is legally responsible for paying his share of the tax.

Pay the tax and fees immediately to avoid more fees and interest, then settle up with him. If he refuses to pay, take him to small claims court. You will win hands down.