Q: What remedies available to seller if title company did not pay & 30 days has lapsed & no proof of payment or tracking no
Seller sold property and title company handle closing. On Feb 7th 2023 title company assured seller that a Cashiers Check was Prepared and sent to him via regular mail.
30 days has elapsed and seller did not receive his check nor can the title company provide copy of Cashiers Check or a tracking number which the courier usually gives for international mail
A:
There are legal remedies available, of course.
The title company must follow the acceptable accounting principles, applicable Florida Statutes and the Florida Administrative Code to maintain accurate records of their financial transactions, including records of all escrow transactions, and to reconcile its financial accounts on a monthly basis. So that missing payments shouldn't happen unless there are violations.
Good luck.
A: Seller needs a FL attorney now. At least sue the title company for conversion of this money. There will be many other causes of actions, but you will be lucky to win and collect your sale price. Seller may not know what has exactly happened here, but the settlement sheet will be a good place to look. Seller, not his attorney, might make a criminal complaint against whoever cashed the buyer's check ,or a regulatory complaint against the title insurance licensee. Since seller is not in USA, he may want to come here if this involves enough money.
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.
