Legal Question in Credit and Debt Law in New York

DEP wants to collect on something that happened before I purchased my home.

DEP has sent me a charge for the amount of $5224.00. It seems they incorrectly credited this account back in 1997 (before I became owner)and now they want to collect. I called them and told them that I was not owner back then and they stated that my lawyer who handled the purchase of my home should have done a search on the accounts and that it would have shown up. How can something that is a credit show up in a search. Is there something that I don't about in regards to such a thing. They pretty much are telling me it's my tough luck and to pay up. Can you please tell me what are my rights, do I need to get a lawyer involved, or do I just continued sending letters and calling them?

Thanks,

Kathy


Asked on 5/13/03, 2:11 pm

2 Answers from Attorneys
Mitchell Drucker Law Office of Mitchell S. Drucker

Re: DEP wants to collect on something that happened before I purchased my home.

I would need to know more information before giving a definite answer. However, you should call the attorney who represented you in connection with the purchase. This issue most likely can be resolved via your title insurance policy that you no doubt purchased when you closed on the house. Your prior attorney should have all of the relevant info (i.e., marked up copy of title report, etc).

Mitchell S. Drucker, Esq.

Note: This response is given for informational purposes only. No attorney/client relationship exists.

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Answered on 5/13/03, 2:26 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: DEP wants to collect on something that happened before I purchased my home.

The error of the DEP is a 'defect of warranty' by the seller. When you bought the home your contract for sale/title insurance and other documents give you a set of warranties. This is a breach of one of those warranties and the party most likely to owe the money is the Title Insurance Company. When you paid them money (bought their product-title insurance), you paid them to take on this risk. Contact them immediately for several reasons, not the least of which is to pass the headache to them! (also they must be informed of any defects within a prescribed period of time. if you miss this time period, then the problem becomes yours). you are welcome to a consultation at no charge at my office at 42 west 44th st, ny,ny. please call for an appointment - 646-591-5786.

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Answered on 5/13/03, 4:05 pm


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