Legal Question in Real Estate Law in Illinois

I purchased a new construction home in October 2005 in (Elgin, IL--Cook County). I just received a letter from my mortgage company stating I had a tax lien on my property from taxes not paid for the 2nd installment of 2005. The mortgage paperwork I signed states that any taxes prior to the year purchased are responsibility of the seller. Question I need answered is am I responsible to pay for this lien placed on my property or is it my mortgage company's responsibility?


Asked on 6/08/11, 2:25 pm

2 Answers from Attorneys

Can't say for sure - usually in new construction where you buy in one tax year but the taxes are due the next year and part will be builder's share and part will be buyer's share, the builder sets up a tax escrow and puts your money and hopefully its money into it. Then when the taxes are payable the builder uses the escrow money to pay the taxes. So you will need to look at your closing package - it's possible the builder had a tax escrow and somebody forgot to pay the bill. Or somebody like the builder's lender grabbed the money if the builder went bust. But you also should have received a title insurance policy, which protects for tax issues depending on several things. It is most likely not covered. So you need to take your buyer package, including home purchase papers and your mortgage papers, to an attorney. Trust me, it is HIGHLY unlikely that your lender is responsible!!!!

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Answered on 6/08/11, 2:38 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Unfortunately, I agree with Stephen. If you look at the RESPA, you might be able to determine what the situation is.

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Answered on 6/08/11, 6:07 pm


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