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FHA Septic & Well Appraiser Lawsuit

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The AMC did not verify this because.........................

The appraiser went against what it was listed as and marked it as public utilities.
For the record, I do mainly rural areas, most homes are on septic. I put a copy of the original septic permit, their map of field lines, location of tank etc. as a separate exhibit in my reports, because it is easy to look up online in my state. Many of the agents say it can't be found, because they never bother to look it up. If I am not able to find the septic permit record using a property owner's or builder's name, I put the website and email from the state in the report for the lender to request the record for the subsurface sewage disposal system. I state that I am not a licensed sanitary engineer within the report. I don't do FHA except if one of my VA assignments changes (has happened a couple of times). I do not measure distance between septic and well because I lack that expertise and I don't have LIDAR capability. I only call for a system repair/replacement if I see an obvious sign of failure (and you know it when you see it). Many years ago, I used to take the assessor information and listing information into consideration, but they are not usually up to date. We have new subdivisions with STEP systems due to all the limestone here. I detail all that as well as define it for the Lender and note if the HOA is in charge or if the public utility maintains it now. However, any AMC is going for the cheapest, fastest, appraisal they can get, and you as a borrower do not get the level of expertise you are entitled to with an AMC keeping half of your appraisal fee that YOU paid for. For that, I am very sorry for you. Cheapest and fastest will never equal quality work. You get what you pay for, or you should anyway.
 
For the record, I do mainly rural areas, most homes are on septic. I put a copy of the original septic permit, their map of field lines, location of tank etc. as a separate exhibit in my reports, because it is easy to look up online in my state. Many of the agents say it can't be found, because they never bother to look it up. If I am not able to find the septic permit record using a property owner's or builder's name, I put the website and email from the state in the report for the lender to request the record for the subsurface sewage disposal system. I state that I am not a licensed sanitary engineer within the report. I don't do FHA except if one of my VA assignments changes (has happened a couple of times). I do not measure distance between septic and well because I lack that expertise and I don't have LIDAR capability. I only call for a system repair/replacement if I see an obvious sign of failure (and you know it when you see it). Many years ago, I used to take the assessor information and listing information into consideration, but they are not usually up to date. We have new subdivisions with STEP systems due to all the limestone here. I detail all that as well as define it for the Lender and note if the HOA is in charge or if the public utility maintains it now. However, any AMC is going for the cheapest, fastest, appraisal they can get, and you as a borrower do not get the level of expertise you are entitled to with an AMC keeping half of your appraisal fee that YOU paid for. For that, I am very sorry for you. Cheapest and fastest will never equal quality work. You get what you pay for, or you should anyway.
Thank you for that information.
 
Only 1.
Local codes require a waiver for the replacement systems water well being less than 100 ft from the drainfield, but FHA does not accept anything less than 75ft in this case even the replacement system would not meet minimum property requirements. 66ft

It makes sense to me now that they have no incentive to point out the error when they can close the loan knowing HUD will not hold them accountable.

They told the lender "there was no way they could have known."

I've seen posts about this particular lender "forcefully" telling appraisers they only accept as is appraisals meaning any subject to further inspection to meet FHA minimum property requirements conditions would have to be removed.
You are in an awkward position. at this juncture unless you prevail in court.
So for the present moment, is your well producing safe water or not?

If you have not had a water test lately, I would get one to see what is in the water. Once you get it tested, I would get (2-3) treatment responses from a well water remediation company to determine if there is a possible resolution. Until you get a court resolution.
Let me give you an example; some years back I had done a job where there was an underground oil tank that was leaking into the well. A remediation system was put in place (I did a lot of work to figure out what was needed for the Lender and provided it (including a DEEP report) within the report). The Buyer was an attorney and really wanted this property for its location, within a specific neighborhood. He knew all about the problem and had done a bit of research himself. The prefiltration system was a bit complex but did the job.
 
You are in an awkward position. at this juncture unless you prevail in court.
So for the present moment, is your well producing safe water or not?

If you have not had a water test lately, I would get one to see what is in the water. Once you get it tested, I would get (2-3) treatment responses from a well water remediation company to determine if there is a possible resolution. Until you get a court resolution.
Let me give you an example; some years back I had done a job where there was an underground oil tank that was leaking into the well. A remediation system was put in place (I did a lot of work to figure out what was needed for the Lender and provided it (including a DEEP report) within the report). The Buyer was an attorney and really wanted this property for its location, within a specific neighborhood. He knew all about the problem and had done a bit of research himself. The prefiltration system was a bit complex but did the job.
I am not currently living there as it is uninhabitable.
 
The AMC did not verify this because.........................

The appraiser went against what it was listed as and marked it as public utilities.

I am not currently living there as it is uninhabitable.
I assume you have defaulted on the loan payments quite a while ago. Was this what your attorney advised you to do ? and also to move out of the property ? how did the previous owners live in it ? This case is getting more and more away from not being connected to a public sewer to not being able to even live there - Just saying :)
 
I assume you have defaulted on the loan payments quite a while ago. Was this what your attorney advised you to do ? and also to move out of the property ? how did the previous owners live in it ? This case is getting more and more away from not being connected to a public sewer to not being able to even live there - Just saying :)
What does the word uninhabitable have to do with financial capabilities? Borrower income was not the part of the loan that was negligently underwritten, property eligibility was. Respectfully, I am not in need of a reply. You can go troll a different post in order to keep that top poster of the month spot :)
 
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What does the word uninhabitable have to do with financial capabilities? Respectfully, I am not in need of a reply.
Actually I did not ask it in relation with your financial capabilities- I thought maybe it was under advisement by your attorney to not be paying on a property that is "uninhabitable"that certainly would add to the total costs of damages your attorney would be claiming and are real hard $$ monetary damages having to support two mortgages or one mortgage and renting somewhere else and not hypothetical damages which have not yet been proven in a trial.
 
Actually I did not ask it in relation with your financial capabilities- I thought maybe it was under advisement by your attorney to not be paying on a property that is "uninhabitable"that certainly would add to the total costs of damages your attorney would be claiming and are real hard $$ monetary damages having to support two mortgages or one mortgage and renting somewhere else and not hypothetical damages which have not yet been proven in a trial.
the monetary damages are accruing monthly.
 
If FHA/HUD did not insure the loan and pushed it back on the Lender - are they still charging you for monthly
FHA ( MIP ) Mortgage Insurance- in your tax -insurance impound account ?
 
So, how much are your 'damages' ? Is the appraiser using his E/O company? What is the cost to cure the septic and well situation. Does the seller and realtor have any liability in the whole situation. I remember being told in a RE Class by the attorney instructor that when there is a problem that affects a buyer, he would sue everybody (really, everybody), and then let them figure out who was at fault.
 
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