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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ]

I must pay previous owner's delinquent property taxes?

Posted by frank on June 11, 2003 at 11:53 AM

We bought a house in California...

Previous owner's Delinquent taxes were shown in the preliminary title report; however, I am not sure if the language used in the closing docs indicates if I have clear title to the property? I copied the pottom portion of the "Instructions to Escrow" form, first page, which are the instructions that the escrow officer needs to follow to complete the signing of the closing documents. I've found only one reference regarding the priliminary title report (which lists the previous owner's delinquent taxes), but no direct reference to the taxes, nor any amounts.

To this end, can someone help me decipher this statement in the closing documents, to determine who needs to pay these delinquent property taxes, or if the escrow co. made a mistake in not deducting the amount from the seller's proceeds? here it is exactly as it appears on the "instructions to escrow" :

***************************************

"PRIOR TO FUNDING WE WILL OBTAIN:
[ ] Final compliance Inspection report. Notify this office when work is completed.
ALTA POLICY must contain Endorsements 100, 116, 8.1, and
8.1, 100, 116, 103.5 with liability in the amount of our loan on
property described herein.
LIABILITY SUBJECT ONLY TO: (Gen and Spec. taxes) Fiscal
Year 2-03 FIRST HALF PAID
Funds may be used for account of the vestees, and you will
record all instruments when you comply with the following:
1. Issue said form of Policy showing title vested as shown
below.
2. Issue said form of Policy free from encumberances
except items 1, 3, 4, 5, 6, 7, 8 of preliminary Title Report
dated XX/XX/2002
FHA OR VA: BUYER CANNOT BE CHARGED FOR ANY
ENDORSEMENTS TO ALTA POLICIES"

*********************************************

By the way, item numbers 1,3,5,4,5,6,7,8 referenced above refer to items such as water rights, claims or title to water, and easements affecting a portion of the land, etc. Notice number "2" is missing, which is a reference to the previous owner's delinquent property taxes (2000-2001).
"9" and above, which are also missing, refers to the seller's mortgage loans, etc.

Thanks in advance!



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