A story of poor construction

Posted by on Oct 4, 2017 in Real Estate Litigation

I own a new house. It’s my first house, and I’ve bought it brand new. You would think this was something to really celebrate, but I have to tell you, recent events have turned this crucial moment of adulthood into a real nightmare.

It all started with a loud bang. I heard that about a week after I finally moved into my house. When I went downstairs, I found some of the air ducts had fallen through the ceiling and landed on the floor. The mess was actually the least of my problems. When I called the next day to complain to the construction company, that’s when my trouble really began.

First, they wouldn’t return my calls. Every time I called, I was told the boss was away and would call me back within a day. That went on for a week. By then, I was worried the whole house would fall down. I contacted an appraiser from another company, and he told me much of the construction was quite shoddy. The walls were weak, the ceiling wasn’t holding up well, and there was a leak somewhere and some early signs of water damage. The whole house was crumbling. Still no word from the construction company.

When I finally got hold of someone in authority and complained (quite loudly and angrily of course), I was reprimanded over the phone and told the issues weren’t their problem. Every house they built was built with integrity, and I must have destroyed my own home somehow. When I mentioned how unlikely it was I could destroy my home in two weeks, he hung up.

Again, being offended by these people was the least of my trouble. I now have a mortgage, and I also had massive bills coming my way to repair my house top to bottom if I couldn’t get these people to come out and do it.

Finally, I got desperate and contacted some lawyers about the whole situation. With a bit of advice, I called back and threatened a lawsuit. I dropped the lawyer’s name. This finally got some results. Now, the construction guys are set to come out again tomorrow. Hopefully, they fix the home top to bottom, but I have it in the back of my mind, I may actually need to sue anyway. I just don’t know if I can trust the house’s structure if you know what I mean. I’d hate to live here two years and have the floor fall through.

I love this house. I had a small hand in designing it. But right now, I think it may be best to walk away from it if I can. I’m going back to see that lawyer to discuss my options.

My great moment has already been ruined, and I’m looking to go back to renting as soon as I can. What a tragedy.

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Real Estate Litigation Arguments which may Help You Save Your Property

Posted by on Mar 31, 2017 in Real Estate Litigation

Real Estate Litigation Arguments which may Help You Save Your Property

 

Losing your home due to foreclosure can definitely be a lot of pain; not only did you work so hard for it, but also this foreclosure could be due to an error that someone else committed. Proving that the mistake is not your fault can be pretty hard, though, as real estate laws can be too complicated, especially for a homeowner who does not have any background in real estate law. One thing you should know, however, is that, despite missing payments on mortgage, the law offers various means for you to retain your property. This means that no bank or creditor can simply foreclose on it.

Various studies and litigations reveal how majority of the foreclosures made during the height of the U.S. housing crisis were not even due to homeowners defaulting in their loan obligations; rather, these were results of errors committed by banks or due to practices, which greatly favor banks and other creditors, that are now considered illegal. But while banks and creditors will deny any wrongdoing, one fact is real – that wrongful foreclosures are real, besides being widespread too.

From 2009 to 2010, about 1.2 million homeowners lost their properties after these were foreclosed by 11 major financing institutions. The move, though, was discovered to be illegal as many of the homeowners had properties that were protected by federal laws, many of the homeowners had acquired bank approval either for the restructuring of their payment scheme or for a temporary delay in the payment of their mortgage, or so many of them were not even late in their mortgage payment.

There are different ways through which fraud may be committed during a foreclosure process, such as: unscrupulous lenders, botched documents, predatory foreclosure mediators and, the most common cases of wrongful foreclosure – forged signatures, altered documents and fraudulent eviction of homeowners by lenders, lawyers or consultants.

Fighting for your property can be done through a civil action called wrongful foreclosure – a legal pursuit based on claims of foreclosure fraud. This real estate litigation can help homeowners retain their property by putting the blame on creditors instead, accusing them of: failing to provide homeowners with appropriate notices; overcharging homeowners for late payment fees;and lender bad faith.

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