Follow us!

    Post: Who's at Fault??

    Posted by Maurice Fenske on 12/19/05

    Maurice & Christine Fenske
    1546 Covey Drive
    River Falls, WI 54022

    Four Seasons Title , of 206 2nd Street in Hudson, WI.
    closed the mortgage deal for our new home on 9-7-05 at
    their Hudson, WI. Office. They also have an office in
    Roseville, MN.

    At the time, we believed that this professional title
    service being paid for by us was going to make certain all
    of our home closing documents were in order.

    On 12-16-05 I received a 2005 tax bill from the City Of
    River Falls, WI...where our home is located. The tax bill
    was $5,096.98 for the tax year 2005.

    I reviewed my paperwork from the closing, expecting that
    there would have been a contribution to our escrow account
    at closing in reference to the seller's owed taxes for the
    time from January 1st, 2005 to the date of closing per our
    purchase contract.

    The title Company did not do the required paperwork to
    find out the actual 2005 assessed value from the assessor
    or they would have known the home assessed at $218,000 and
    then they could have taken and prorated the taxes the
    seller owed up to the date of closing and I would not be
    stuck with a $5100 tax bill for a property I only owned
    for 116 days in 2005.

    The home is a new construction home that was finished in
    December of 2004, per the City of River Falls Inspector.
    The home reassessment for taxes was completed and closed
    for 2005 on 5-13-05.

    Had this title Company called the Assessor they could have
    found out the assessed value and with that, contacted the
    treasurer and got the mill levy information needed to
    estimate very closely what the 2005 property taxes would
    come to be. Then the title company could have done their
    job and collected the proper monies from the seller at
    closing and I would not be the one holding the bag now. At
    the very least, the Title Company should have estimated
    high because they knew from the appraisal and purchase
    contract that this home was being bought by us for

    I have talked this over with the title company and they
    refuse to accept fault , even though our purchase
    agreement clearly states that the current years tax
    information will be used if available (which it surely was
    if they called the right people).

    Instead the title company took the easy route, looked up
    our tax value online the Pierce County's website , found
    the valuation for 2004 (when the property was a vacant
    lot) and they did the pro-rations off of that $642 tax
    amount for 2004 on the vacant lot. They only collected
    $442 from the Seller at Closing for 2005 Taxes.

    They Screwed up royally and have apologized, even though
    they said they should have caught the mistake……….they
    refuse to make it right !!!!

    I should be given actual monies equal to the excess taxes
    I am being held accountable for their mistake. I have been
    in this home just over a hundred days in 2005 , therefore
    I should only be responsible for about $1500 of the $5100
    2005 tax bill. They should be responsible for the
    remainder and be up to them to collect any money from the
    seller if they so chose. I have talked to the seller and
    he has said the same thing.........They screwed up and the
    Seller is not offering to pay his portion now!!!!

    Posts on this thread, including this one
  • Who's at Fault??, 12/19/05, by Maurice Fenske.
  • Re: Who's at Fault??, 12/19/05, by Curmudgeon.
  • Re: Who's at Fault??, 2/08/06, by Don.

  Site Map:  Home Chatboards Legal Jobs Classified Ads Search Contacts Advertise
  © 1996 - 2013. All Rights Reserved. Please review our Terms of Use, Mission Statement, and Privacy Policy.