Appraiser Marked Private Septic And Well As Public

[Tiffany Gibbons]

And I had an appraisal that required visually inspecting it as well as measuring distances that was not done!

But you did not pay to have the inspector back or pay for a septic inspection after it was "found"? I think you better not cheap out on the attorney to sue everyone.

 

[Michigander]

Why would you knowingly forgo the reinspection from the inspector once it was uncovered? This seems very basic.

 

[Stantheman]

Since it was fraudulently funded. It is on the lender to deal with their clients and bring the property up to MPR. The bids are at least 60k.

Most likely not going to work that way! Hope you're in it for the long hall. You want your cake and to eat it too. Why don't you just sell the property and move on with your life? Seems like you want to be involved in a negative issue for several years. Good luck.

 

[Mike Ault]

And I had an appraisal that required visually inspecting it as well as measuring distances that was not done!

I am sorry but I am very late to this discussion and wondered if anybody had posted this from HUD Handbook 4000.1?

Septic Tank Distance:

The Appraiser must also be familiar with the minimum distance requirements between private wells and sources of pollution and, if discernible, comment on them. The Appraiser is not required to sketch or note distances between the well, property lines, septic tanks, drain fields, or building Structures but may provide estimated distances where they are comfortable doing so. When available, the Appraiser should obtain from the homeowner or Mortgagee a copy of a survey or other documents attesting to the separation distances between the well and septic system or other sources of pollution.

It sure seems that after 30 pages of discussion nobody has mentioned that determining distances between wells, septic systems, and property lines is not the FHA appraiser's job.… That being said Texas has an obscure statute that states if the property is located in a subdivision platted prior to 1986 (the year they passed the new regulations) then wells on less than 1 acre are acceptable. Don't know if that's the case in your situation. If you are in a newer subdivision that was platted with lot sizes under 1 acre then you bought a lemon and you will have to go with an engineered system at great expense. I have seen that happen when the HOA with the community well falls apart and everybody has to drill their own. You can possibly get a variance from the Texas Department of Environmental Quality however I have no idea how long that would take.

 

[Tom D]

i have never seen a thread go 30 pages when the starter's answer to the question is ' i'm suing everyone' early on. i did find a lot of the responses educational, although i kinda feel like the starter just wants to throw rocks at the appraiser. i'm fine with suing everyone, the attorney usually does that anyway. just do it, spend thousands to get it started, and thousands to continue. everyone your attorney talks to will raise you bill, pay cash up front. i think this thread was an interesting start, but can we stop this endless circle of getting the same response back. it would be nice in a year or two that you come back with what happened, and what it cost you. also, curious about how you are going forward with a bad system while this goes on for a year, or two. remember, covid shut down the courts for a while. gotta be a big backlog before you case will come up. now that is an interesting thread. no septic, and the court date is when? and who do you pay first, your attorney or fix the system.

 

[Metamorphic]

The OP is not suing any one. If she were she would have already gotten an attorney and the attorney would have long ago told her to stop posting online.

 

[TerryRohrer]

You really need to speak to an attorney. I doubt he will direct you to go after the appraiser. He will probably tell you to go after the money, which is the lender.

What does an appraiser's E&O accomplish? As noted in an earlier post, when these things go down, everyone gets sued. While the lender has ultimate responsibility in the eyes of HUD, I see no way this appraiser will find a place to hide.

 

[spittman]

I am sorry but I am very late to this discussion and wondered if anybody had posted this from HUD Handbook 4000.1?

The Appraiser must also be familiar with the minimum distance requirements between private wells and sources of pollution and, if discernible, comment on them. The Appraiser is not required to sketch or note distances between the well, property lines, septic tanks, drain fields, or building Structures but may provide estimated distances where they are comfortable doing so. When available, the Appraiser should obtain from the homeowner or Mortgagee a copy of a survey or other documents attesting to the separation distances between the well and septic system or other sources of pollution.

It sure seems that after 30 pages of discussion nobody has mentioned that determining distances between wells, septic systems, and property lines is not the FHA appraiser's job.…

I posted the same thing way back in Comment #63 - https://appraisersforum.com/forums/...septic-and-well-as-public.230937/post-3103873. Pointed out several things from the most current handbook. I could go on and on about disclaimers found directly in home inspectors' reports, to Texas contract section #7 Buyers accepts home "as-is" to HUD's own addendum that states an appraisal is not a home inspection. OP just decides to pick and choose what they want to see and repeatedly quotes from outdated material. Can't believe this thread is still going. Seems like the OP is just trolling at this point. OP might as well sue the Texas Real Estate Commission (TREC), Texas Commission on Environmental Quality (TCEQ), and the local permitting authority for not personally following him on proper procedure in protecting the new homebuyer's (OSSF) On-Site Sewage Facility. All of these consumer protection boards obviously failed the OP (sarcasm).

 

[Stantheman]

Why would you knowingly forgo the reinspection from the inspector once it was uncovered? This seems very basic.

He doesn't want to take any responsi

I posted the same thing way back in Comment #63 - https://appraisersforum.com/forums/...septic-and-well-as-public.230937/post-3103873. Pointed out several things from the most current handbook. I could go on and on about disclaimers found directly in home inspectors' reports, to Texas contract section #7 Buyers accepts home "as-is" to HUD's own addendum that states an appraisal is not a home inspection. OP just decides to pick and choose what they want to see and repeatedly quotes from outdated material. Can't believe this thread is still going. Seems like the OP is just trolling at this point. OP might as well sue the Texas Real Estate Commission (TREC), Texas Commission on Environmental Quality (TCEQ), and the local permitting authority for not personally following him on proper procedure in protecting the new homebuyer's (OSSF) On-Site Sewage Facility. All of these consumer protection boards obviously failed the OP (sarcasm).

View attachment 57319

I was going to say post #63

S is for spittman did id first!​

 

[TerryRohrer]

agardner13,
What is included in the $60k repair estimates you have received? And what proportion of the total is attributable to each repair? Can the well be moved and the mainline repaired? From what I have been able to derive from this thread, the zoning jurisdiction will not allow simply repairing the line when the well/septic distance is less than allowable. But there is also some indication that the site is too small for both well and septic to be allowable.