Re: Who's at fault?

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Find ALL your closing papers, read them very carefully and see
what you agreed to pay and to whom.

If, as appears to be the case, you signed an agreement to pay
$4,830 in closing costs and you paid ony $3,970, then you owe
the $850.00. Your agreement (contract) is a binding document
and fault is not a factor. In many states, breach of a written
contract must be filed within a certain number of years (i.e.
4 years from the date of the breach).

Based entirely on your post, it does appear you owe the
$850.00 and it will be much cheaper for you to meet your
obligation now rather than wait until you're sued for the
balance when the other side will add on all their attorney
fees, costs, etc.

Again, you MUST find and read your agreement. That document
is controlling. You should consult an attorney if you need
help in interpreting the documents and guidance on what your
legal rights and obligations are.

My$0.02: Yes, the company has a right now (even if 1-1/2 years
later) to make its claim against you. You owe the $850.00 and
should pay now to avoid having that amount turn into a figure
that may well exceed $5,850.00.

On 3/28/06, Mona wrote:
> On June 26, 2004, I sold my home, with an amendment to the
> contract saying I would pay $4830 of the buyers' closing
> costs. I picked up my proceeds check from the sale with
> no problem. In March 2006 (yes, over 1 1/2 YEARS later, I
> was contacted by the title company that they had made a
> mistake in the closing and that I now owe them $850
> because they had miscalculated the numbers, saying I only
> paid $3970 of the costs. I did not believe it was right
> to ask me to pay for the mistake so long after the
> closing, as now it would be hard to come up with that much
> money. As I really hadn't examined the papers, I pulled
> them out, and as I read them, feel that one of my
> signatures is also a forgery. Does the company have a
> right, after a year and a half, that the company can ask
> for their money back? A lawyer has been referred to as
> the debt collector.