Expert: Dick Dennis - 7/3/2008

Question
My husband and I (he's active duty military) bought a home in San Diego 4 years ago for $385,000 for our 9 children to live in.  After we moved into the home we discovered that there was some serious non-disclosure issues -home is sliding off the foundation, gas leak under the house, additions with electrical not to code, roof leaking, plumbing drains uphill and mainline was built over, siding installed incorrectly so water leaks, drainage issues under the home, no heat, and the list goes on. We refinanced our mortage to fix some of the major stuff and eventually hired an attorney who told us to make minimum on our mortage. We recently got a judgement for $400,000 but don't know if we will ever see the money.  Since moving into the home several of my children and my husband have been very sick. My husband wakes up in the middle of the night not being able to breath, my 10 year old went to the ER in an ambulance due to severe croup, my 16 year old always has a stuffy nose and my 7 year old has a long list of health issues, is currently taking 8 medications daily and has gained only 2 pounds in 4 years.  We recently went on two long trips where we were away from home for 2-3 weeks and all my kids started feeling better and my 7 year old started eating well. The same thing happens with my husband who feels better when he goes underway on his ship.  We are trying to decide what our best course of action is at this point with moving out of the house.  Will we be liable for our mortage?

Answer
If your attorney only got you $400,000, S'te, I would strongly suggest you find an attorney who really empathizes with what you have recited to me. Further, make sure you sue the lender for the amount of the loan, at least. As for the mortgage, if it was me, I wouldn't pay another dime. Then if they try to foreclose, then there is the opportunity to TAKE THEM to court and get that loan wiped out.

Be sure you keep copies of your doctor papers and visits because you're going to have to use them in your suit. Further, I would sue the real estate broker involved in your purchase. They have "deep pockets" with their errors and omissions insurance. Be sure you sue the broker, not necessarily the agent who worked with you. His/her broker is who you want to get at. I do wish you well.

Dick Dennis