Now Accepting New Clients!

Title company not liable for water and tax bills that accrue after closing date

Holding that the plaintiff-buyer failed to establish a genuine issue of material fact that the defendant-title agency breached a term of the parties' title insurance policy contract, the court affirmed the trial court's order granting defendant summary disposition. Plaintiff closed on its purchase of real property and defendant "provided title commitment services insuring receipt of good title through closing." The sellers placed funds in escrow with defendant for any water/sewer bill past due at closing. On 12/2/08, defendant issued 2 checks, totaling $568.83, the full amount of 2 past due water bills. Before the city applied the payments, it "issued a winter 2008 property tax assessment for the property, totaling $45.70 plus fees." It added the past due water bills "for a total balance of $614.53. In applying the checks, the city first paid portions of the property taxes, then portions of the administrative fees, and then applied the remaining $536.61 toward water bills. As a result, plaintiff's winter 2008 tax assessment reflected a payable balance of $45.70," which plaintiff did not pay. It also did not pay 2009 or 2010 property taxes, and the city foreclosed on the property. The parties agreed that "defendant was obligated to remit $568.83 to the city to pay the outstanding water bills. But nothing in the unambiguous language of the policy or escrow agreement bound defendant to remit funds on a specific date or before the winter 2008 property taxes were assessed. The escrow agreement only required plaintiff to inform defendant of the final amount owed within 60 days of closing, which defendant was then obligated to pay. Defendant satisfied that obligation when it issued checks in that amount" on 12/2/08. Further, it "was only bound to pay amounts affecting title payable at the date of closing," the outstanding water bills. After it paid them, "plaintiff's balance consisted of the exact amount of the property's winter 2008 tax assessment, $45.70, which became payable after the closing date" and was "plaintiff's sole responsibility." Thus, "defendant's conduct was not a cause-in-fact or a proximate cause of the property's foreclosure."

Basic responsibilities of an executor

Originally posted on 01/11/2017 The emotional toils of dealing with the death of a loved one can be considerably difficult. Nevertheless, perseverance is paramount; especially if you are appointed to be an executor to one’s...

What you need to compliment your will

Originally posted on 02/08/2017 Making end-of-life plans usually end with a will, but they shouldn't. Some believe that simply having a will is enough. However, this post will briefly explain how having other estate planning...

The benefits of home health care providers

Originally posted on 03/22/2017 As we get older or suffer an injury, we need a little extra help. Home health care providers or caregivers can provide the assistance needed to handle your or your loved one's health and safety...

What to know about bail conditions

Originally posted on 03/06/2017 If you have been arrested and are being held on the suspicion that you have committed a particular crime, chances are that the only thing you are thinking about is getting out of jail as soon as possible and...

College students and estate planning

Originally posted on 12/16/2016 With college semesters starting up in Michigan, it may not be so easy to get college students to think responsibly. This time can be especially tough with the need of moving back to school and getting...

Three reasons to put a power of attorney in place

Originally posted on 11/08/2016 While no one wants to think of the unfortunate possibility of being incapacitated or of a time when we can't handle our own affairs, this circumstance is a real possibility. If something happens and this...

How to approach parents about estate planning

Originally posted on 12/09/2016 Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...

PROBATE 44: Petition for Mental Health Treatment

Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.

Should you get your criminal record expunged?

Originally posted on 04/12/2017 If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...

Choosing the right executor for an estate

Originally posted on 05/28/2017 When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another...

Understanding how the Miranda warning works

Originally posted on 11/25/2016 Michigan residents who have seen television police shows or movies involving law enforcement have no doubt watched many dramatic scenes with officers quoting something to the effect of, "You have the...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000