House sells with bad closing costs, help!

[oldman13]

My jurisdiction is: USA, Ca, Orange County

Mary and I got a divorce judgment last year. The sale of the house was ordered with details regarding the profits. Basically Mary received a lump sum that balanced the amount I received when we separated and I left the house. The remaining profit was divided equally.

The judgment stated that while Mary remained in the house she was responsible for the mortgage, insurance and property tax payments. I informed the Realtor and the Escrow Officer but on the final closing day the contract had closing costs that were not mine. I decided to sign the docs and deal with the new problem later.

Now I am trying to find similar cases or choose a direction to go. Mary has verbally refused to pay me back so should I file in small claims or file an order to show cause.

Thanks

 

[irish223]

My jurisdiction is: USA, Ca, Orange County

Mary and I got a divorce judgment last year. The sale of the house was ordered with details regarding the profits. Basically Mary received a lump sum that balanced the amount I received when we separated and I left the house. The remaining profit was divided equally.

The judgment stated that while Mary remained in the house she was responsible for the mortgage, insurance and property tax payments. I informed the Realtor and the Escrow Officer but on the final closing day the contract had closing costs that were not mine. I decided to sign the docs and deal with the new problem later.

Now I am trying to find similar cases or choose a direction to go. Mary has verbally refused to pay me back so should I file in small claims or file an order to show cause.

Thanks

Are you saying that Mary failed to pay the mortgage, insurance, and taxes when they were due? How much were the closing costs, and how much does she owe you?

 

[oldman13]

Yes, I believe that's correct. There seemed to be some juggling of the final figures on the part of the escrow/realtor team in an effort to appease both myself and Mary and close the deal. Funnily enough I understand this and and have no bad feelings towards the agents involved. What I object to is paying the following two escrow fees.

1. The escrow docs showed a credit of $886.89 for "property tax at $1,793.70 per 6 months for the 10/02/2008 to 1/01/2009. Which looks like a refund from the impound the loan company
collects to pay taxes. I guess it's considered an escrow overpayment
Then further down the document it showed a debit of $1,830.33 for "property tax to orange county ..... 1st Half-2008/2009...and then the parcel number"
If the first half of 2008/2009 is from July 1st to January 1st and the escrow closed on 10/09/2008 then should it not be divided into the shared cost and then prorated for the time Mary lived in the house??

2. The loan payoff included interest up to the day Mary vacated the house and the total was $2,773.60. This is in lieu of her making a mortgage payment for September and a few days early in October so it's essentially free rent. Should I be expected to pay half of this?

Maybe this can help to see the problem a little clearer and many thanks for taking an interest.

Thanks,

Steve