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Nightmare in Indiana

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tascott

Member
Forclosure and UST's with contamination

I stopped paying on my home after I put it up for sale in 2001. I had an appraisal done by a real estate agent and before it was listed, I had a knock on the door by 2 guys asking for permission to remove my fence and promised to put it back up the next day. When confronting the situation, I learned about the tanks that were "Suppossed" to be on their property.... Next thing you know, the real estate agent wanted no part, lawyer after lawyer looked over the case about it but said it was "TOO Complicated" because IDEM was involved, and etc. The credit Union's Lawyer stopped the forclosure sale a year after I gave them all the documents I got from the court house and all proof I had found. I only owed 28,000. at the time. 40K first mortgage, 8K second mortgage that was within 1K paid off. It was a about 3 years later and a lot more drillings around my without my permission that the thought the contamination level was low enough for them to forclose on. The new they contacted the attorney that I had not even contained yet and warned us me and my kids had 7 2 hours to be out. I had put a new furnace, roof, and replaced underground old copper pipes to all pvc, which was a great expense. We had to throw everthing in storage, and we were out in a little less than 72 hours.... Our home still sits there and every day we drive by, more vandalizim has been done. They forclosed on it the second time and instead of the mortgage being 28k they say it is 48k..... I begged them for three years to either take the property back or forclose like they were suppose to do 4 years ago.... It's not my fault their attorney backed out of the first forlosure Nobody would sell it, No bank would finance when I tried to sell by owner and disclose the underground contamination for my own protection. Does this answer a little. I'm sorry for typing so much but when I start typing about what me and my kids have been through on this property, I get upset and do not take the time to re-read... Thanks for any help
 


tascott

Member
Stressed to the max with fighting a suit

I still have emails and letter where the deny the claim and my claim is denied the same day. I had to go make copies of numerous documents that I looked up at the Madison County courts to fax everyone.... Title company, Credit Union, etc... They would deny the claim one day, offer about 5,000 the next day and then go back to denying the claim..... The documents I got from the county clerk recorders states that their tanks ordered to be removed in 1994. The state (IDEM) also recorded documents on the file saying that The owner of the old gas station next door is responsible... It goes on and on and Im looking for someone that can lead me to a lawyer that would take on this case without offering a free consultation and wait a couple years and bill me for it.
 

tascott

Member
LindaP777 said:
Interesting (but sad) thread . . .
So, in June of 2005, the credit union foreclosed and gave you 72 hours to move out? And did you move out at that time? But now you want to rent it out? (I'm confussed - they did, or did not foreclose?)
Did you make your mortgage payments from 2000 until now? It sounds like you didn't, which means you've been able to save up a sizable nest egg (possibly as much as you've put into it?).
Did you continue paying property taxes the whole time?
What did you find out from the title company?
Is your attorney still on the job? What does he say?


If they would have forclosed on it the first time like they were suppose to, maybe it would have been different.. The forclosure was suppose to happen 3 years ago, but the Credit Union's attorney stopped it and kept sending differnent people onto my property to to drilling when I was away at work since then. I asked them to take the property almost 5 years ago after losing my job and trying to put it up for sale. It was about 3-5 weeks later that I learned about the tanks.....after learning about the tanks and liability for health issues if I rented it
 

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