Barberton, OH asked in Real Estate Law for Ohio

Q: Should this be right? Bought a newer house in 11/06 seller paid taxes for 2006 which was on vac land.

We were given a credit of 1077.00 on our settlement statement and charged 1633.31 as part of our closing costs for 7 months of prop taxes (im guessing first 7 months we owned property) . Then when we actually moved in the property taxes were actually over 4800.$ that we paid which made our escrow go negative. So we paid for over 4800.00 in taxes on a house that we did not own at the time nor live in. How after only less then 2 months of owning this house be already negative for property taxes when we did not live or own the house. And they were already paid from the seller.

Related Topics:
1 Lawyer Answer
Andrew M. Engel
Andrew M. Engel
Answered
  • Centerville, OH
  • Licensed in Ohio

A: You pay property taxes the year AFTER the taxes are incurred, i.e. the first half of 2005 taxes are not due until January 2006. So your seller probably did not pay 2006 taxes, but rather paid 2005 taxes that were due in 2006. I would also guess that the seller built the house. This issue comes up often on new construction. When the real estate taxes are estimated for your loan escrow, the tax amount is based on the available county tax information. Since the available tax info did not include the value of recent improvements (which won't be caught until a transfer or at the triennial valuation), the taxes appear to be low. This is quite misleading by the lender. They can estimate the taxes based on sales price to give you a far more realistic escrow figure. I would guess that the lender was trying to qualify you for a loan at the edge of your ability to repay (as determined by their underwriting criteria). Had the lender used the projected taxes, you may not have qualified for the loan because your monthly payment, which included the more realistic, higher tax figure, would have increased your payment beyond that which the underwriting criteria permitted.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.