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Can they get away with this?

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tascott

Member
What is the name of your state? Indiana
I bought a home in Indiana in 1995. I had a title search, appraisal, and inspection done by qualified company's that the Credit Union requested. On all my mortgage papers, inspection, and disclosure, etc. it states there's no hazardous material on or around my home. The state was repaving a main road out front and found severe contamination. I just found out the garage next to me used to be a gas station. UST's were leaking fuel. When they pulled the first tank, it was 3 feet over on to my property. Directly behind the first tank was another 16 foot 8600 gal tank that ran all the way across my front yard between a huge tree and my home. Less than a foot on each side. I have paid alot of money on this removal and cleanup, but because there is still IMPACT in the soil (above states limit) I'm told that my property value is $0. I went to the courthouse and got a copy of the previous owners title or deed and it showed them there were tanks present. How could it not have been transferred to me? I have fell way behind on payments and they are telling me they are going to forclose. How can they forclose if I can't even sell my house until cleanup is approved by the state? Who should be responsible and is there anything I can do legally?
 


HomeGuru

Senior Member
tascott said:
What is the name of your state? Indiana
I bought a home in Indiana in 1995. I had a title search, appraisal, and inspection done by qualified company's that the Credit Union requested. On all my mortgage papers, inspection, and disclosure, etc. it states there's no hazardous material on or around my home. The state was repaving a main road out front and found severe contamination. I just found out the garage next to me used to be a gas station. UST's were leaking fuel. When they pulled the first tank, it was 3 feet over on to my property. Directly behind the first tank was another 16 foot 8600 gal tank that ran all the way across my front yard between a huge tree and my home. Less than a foot on each side. I have paid alot of money on this removal and cleanup, but because there is still IMPACT in the soil (above states limit) I'm told that my property value is $0. I went to the courthouse and got a copy of the previous owners title or deed and it showed them there were tanks present. How could it not have been transferred to me? I have fell way behind on payments and they are telling me they are going to forclose. How can they forclose if I can't even sell my house until cleanup is approved by the state? Who should be responsible and is there anything I can do legally?

**A: there are a number of things that you can do. Talk to a real estate about your options.
 

tascott

Member
confused

Can someone please tell me if I let them forclose on this house, can I still file a suit to recover some of the money I've paid over the years for this property. Do I have any recourse after foreclosure or should I go ahead and pay for this contaminated, messed up property so that I can file a suit? Please see original post "Can they get away with this"
 

HomeGuru

Senior Member
Re: confused

tascott said:
Can someone please tell me if I let them forclose on this house, can I still file a suit to recover some of the money I've paid over the years for this property. Do I have any recourse after foreclosure or should I go ahead and pay for this contaminated, messed up property so that I can file a suit? Please see original post "Can they get away with this"

**A: talk to a real estate attorney about your options.
 

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