littleash wrote:

QUOTE:
Oh Great! So that is what that is????? Thanks for the advice and info thus far. Yes, our seller should have paid that, that was our understanding, and what we read in the guidelines. Unfortunately we had the sellers agent AND title company lie to us and was very unethical, which made buying our home less than a positive experience! I am sure they will be thrilled if we need to call them back and get on their case about this since we didn't let them get away with their bad behavior last time.

So to clarify, this fee is connected to the property and not the prior owners? I guess I don't understand why we are liable for a fee someone else chose not to pay.

Why does buying a home in Daybreak have to be so difficult and frustrating?????

Check your clsing documents. They should spell out who paid which fees. I suspect the title company will be liable because it is their job to make sure commissions and fees get to the correct folks. You can bet the seller's agent got his commission! But I am certainly not an expert in real estate law so I suggest caling the title company and if that doesn't work out get with a real estate lawyer ASAP. If your closing documents show a 0.5% fee coming out of the seller's proceeds then the check to the Daybreak HOA must have gotten "lost". Again, the title company will need to follow up on it.

Just a little story about bungling title companies: When I closed on my Daybreak house, a year's worth of insurance premium was added so a check could be sent to my insurance company. Three months later I get a letter from the insurance company saying my insurance was cancelled for non-payment. Being Friday evening, I called and paid the premium with my Visa card so I would be insured that weekend. Monday I called the title company. Seems they had the wrong address for the insurance company and their check had been returned to them undeliverable. Did they call me? No. Did they call my mortgage broker? No. Did they Google "Metropolitan Life" for the right address? No. They let it sit until my insurance was cancelled.

Moral of the story: title companies screw up regularly and they won't take it upon themselves to fix anything untill you ride their a$$. My money is on the blame for the lost HOA fee is with the title company.