Since 2005, I am still battling my builders and their insurance company. To refresh your memory, there was a number of builders defects on my house. Mainly, no moisture barrier on part of the south side, second and first floor of my home. And again other defects such as no insulation in the attic and more.
It is located approximately 1500 feet from the Gulf of Mexico in Crystal Beach, Destin. This defect, of course, was not discovered until the 2005 hurricane season after two years of horrid storms and nothing drying anywhere. Mold, mold everywhere.
I have worked with my builder and his insurance company to no avail for a year, then as they continued to delay and delay. After I complained to the Okaloosa / Walton builders associatio, I received an e-mail from one of the partners of he building company that I was a back stabbing... and they were never going to step foot on my property again.
At this time, I was forced mitigate my damages as best as I could, and tried to repair the house, financing the entire venture to the tune of several hundreds of thousands of dollars.
I filed a lawsuit over a year ago, which delay after delay has been a common problem.
The court system does not work here. The game is not to do the right thing, but to see who can make the other person go broke first.
In 8 days, I basically lose my home. Not because of non payment, the payments are current, but because now my insurance has non-renewed my policy and there is no one who is wiling insure a damaged non- repaired house. The bank is not wiling to continue to carry a mortgage on a property that is not worth the collaterial and not insured on top of it.
I have spent thousands of dollars trying to repair my home. Nothing seems to work, too many defects, code violations, etc. The mold continues to return for one reason or another, relating to the building defects of the house.
On top of it all, I am allergic to mold and I have now life long debilitating illnesses like diabetes, neuropathy and many more from living in the house as long as I did. This has limited my ability to work long hours and limited my ability to get out of bed each morning welcoming a new day. Sometimes, I don't even want to wake up and feel the constant agony each day. Even my pet was ill. At this time, I can no longer afford to seek expert medical care. It is very expensive to travel to receive care.
I am not independently wealthy and could not pick up and move out of my house and cannot afford to be doing it now. However, also, I cannot afford the financial burden of paying two mortgages, utilities, etc on a house that no one lives in and rent, utilities on a rental house to be healthy in.
Finally at the first part of December I abandoned the house and everything in it, including everything I had assembled as a symbol of my lifelong accomplishments. It is very hard to leave your life behind, very emotional. After 4 months, I am facing financial ruin. It is heartbreaking to me and would be to you if this happened to you.
This has become a very hard time for me because I have worked very hard, and been honest, and upstanding in the community regarding my business and as a resident. I can't believe this is happening to me, or to anyone. And I would not wish this on my worse enemy.
If only my builder would have stepped up to the plate and fixed the problem he caused, this would not have been a problem. Life would have gone on, not depression and an unsure futurel The lifelong problems I am facing possibly would not have been an issue.
But, the builder, who is still building houses, has changed his tune and is denying everything. He has insurance that pays for legal expenses. HOW can you deny a house built against code, especially one with NO MOISTURE BARRIER. I had walls which crumbled in my hands, construted of OSB or a similar material with NO MOISTURE BARRIER. Just vinyl siding nailed right on these walls.
Had they only come up to the plate, admitted the mistake and done what it takes to fix the problem.
Why are people like that anymore. What happened to integrity? What happened to honesty. What happened for caring for others? How can some people sleep at night.
Walking through the grocery story or any store for that matter would be helful.
Thank you for taking your time to listen to this story, but remember. The same thing could happen to you and you may be facing the same uncertain future I am.
I will welcome any comments and answer any questions posted here.
Replies
155Beach FanaticAuthor
Link didn't work for pic.
Try these:
http://www.destindir.com/matercloset.pdf
http://www.destindir.com/abrahamresidence(3)8-30-06.pdf
http://www.destindir.com/abrahamresidence8-30air.pdf
http://www.destindir.com/PhotosAbraham8-21-07.PDF
You may have to cut and paste in your browser.
Beach FanaticAuthor
Yippie, Listen to SHELLY! Some of your health problems may lessen once you're out of the toxic environment and then you can work on finding a way to move on with your life. Maybe it's not worth continuing to fight. Maybe just let your lawyer handle it from now on? I don't know ..... I would just hate for you to continue to constantly worry about this. Don't let the builder do that to you also.
.
.
I have been out of the house since the first week of December. Breathing is much better, but there is some permanent damage that can't be fixed.
SoWal Insider
Yippie,
You wrote:
"The bank is not wiling to continue to carry a mortgage on a property that is not worth the collaterial and not insured on top of it."
The way that I see it is that if you can't insure, and you can't afford to continue paying the mortgage, "The Bank" is the owner of the property and it is up to the bank to take up the issue with the builder...no?
.
You wrote:
"The bank is not wiling to continue to carry a mortgage on a property that is not worth the collaterial and not insured on top of it."
The way that I see it is that if you can't insure, and you can't afford to continue paying the mortgage, "The Bank" is the owner of the property and it is up to the bank to take up the issue with the builder...no?
.
Beach FanaticAuthor
Yippie,
You wrote:
"The bank is not wiling to continue to carry a mortgage on a property that is not worth the collaterial and not insured on top of it."
The way that I see it is that if you can't insure, and you can't afford to continue paying the mortgage, "The Bank" is the owner of the property and it is up to the bank to take up the issue with the builder...no?
.
No, my insurance is not part of the mortgage. IT is paid separately. The bank does not own the property, payments are current.
SoWal Insider
No, my insurance is not part of the mortgage. IT is paid separately. The bank does not own the property, payments are current.
If the bank requires you to hold insurance, they should find insurance for you.
If you're still paying a mortgage, the bank does own the property....all you hold is an option to sell it.
.
Edited
Beach Fanatic
Yippie, my heart goes out to you because I understand the health problems you are dealing with and that your money has been sucked dry by all of the other issues and that it costs a LOT of money to find the right doctors to work in healing your body.
I have no advice on the legal end. Actually, I do. In 2001, I worked at UGA Law Library in the Serials Dept. There were a ton of documents coming into the Law School about legal issues dealing with black mold. It is a HUGE deal. You just need to find the right lawyer. I know you said you had a really good one, but get her connected to laws & documents on this issue. Here is one link that had a lot of other links to search through.
http://www.environmentallawyers.com/state-environmental-lawyers.cfm/name/FL
I know we had a mold remediator come and look at the condo where we lived in Alpharetta before moving down here. No mold there, but I think my hubby was exposed in a house that we were living in around 2001-2002 in Athens, GA. He got really sick then and has had trouble health-wise since. It stinks (would like to use a stronger word) because it completely affects quality of life in ways that people cannot even fathom. We can't totally pinpoint the exact thing that made him so sick, so we are SOL on anything. I just want him better and when I hear of others in the same situation, my heart breaks.
As said in another thread, Dr. Coetzee's a great MD over off East Mack Bayou. I'd highly recommend him in your case.
My prayers are with you.
I have no advice on the legal end. Actually, I do. In 2001, I worked at UGA Law Library in the Serials Dept. There were a ton of documents coming into the Law School about legal issues dealing with black mold. It is a HUGE deal. You just need to find the right lawyer. I know you said you had a really good one, but get her connected to laws & documents on this issue. Here is one link that had a lot of other links to search through.
http://www.environmentallawyers.com/state-environmental-lawyers.cfm/name/FL
I know we had a mold remediator come and look at the condo where we lived in Alpharetta before moving down here. No mold there, but I think my hubby was exposed in a house that we were living in around 2001-2002 in Athens, GA. He got really sick then and has had trouble health-wise since. It stinks (would like to use a stronger word) because it completely affects quality of life in ways that people cannot even fathom. We can't totally pinpoint the exact thing that made him so sick, so we are SOL on anything. I just want him better and when I hear of others in the same situation, my heart breaks.
As said in another thread, Dr. Coetzee's a great MD over off East Mack Bayou. I'd highly recommend him in your case.
My prayers are with you.
Beach Fanatic
It is a separate inspection, and you want a certified mold inspector to conduct it. They take air samples at different locations inside the house, as well as outside the house. The outside samples give them a base. Send off the samples to a lab, and results are returned. FYI - most every house has mold, but in varying degrees. Sounds like Yippie has it bad. A good home inspector should be able to detect signs of mold, to determine if an actual mold test is needed, but remember the word, "good." The inspector I most often use, is also a mold inspector.
I asked a builder I know how they deal with this issue and what has caused it to come to the forefront today. He told me that they have always had mold problems. The lumber that comes in is usually full of the stuff. A few years back they started hiring some sort of mold company to come in after the home was dried in that sprays an orange colored chemical on the entire inside of the house. They then certify the home as mold free and give them a warranty against future mold.
I have seen a lot of houses in various stages and never have I seen anything sprayed orange. I wonder how long before they discover that the chemical that is being sprayed is some sort of a carcinogen.
He did say this has really gotten regulated in California as the result of a huge lawsuit against the government on a mold issue. He felt like that it would not be long before similar rules and regs would be put in place throughout Florida.
Skunky
Just a few thoughts to ponder...
Mycologists are far less concerned about toxic mold than plaintiff's attorneys.
The health woes attributed to toxic mold were not described until the 1980s(ish) and appeared to increase in frequency and severity as our housing concurrently became less humid and better climate controlled. Our forefathers who lived in damp dark quarters didn't seem to have similar health problems even though they certainly were exposed to much more mold.
There will never be a better setting to study the effects of 'toxic mold' on health than post Katrina New Orleans. Flooded houses stripped to their moldy frames were pressure blasted with baking soda and rebuilding ensued;to date, no outbreak of mysterious illness.
As you read this post you are probably breathing in spores released by molds reported to be toxic. If you doubt this, get your hands on a Petri dish filled with an agar supportive of fungi and leave it uncovered for one minute...seal it and allow it to bloom for a few days-you will be shocked. Unscrupulous individuals are making big money by performing this trick on consumers (who by default are already concerned about mold in their house or wouldn't have contacted the mold team in the first place) and then trying to sell high priced and unwarranted mold remediation.
Mycologists are far less concerned about toxic mold than plaintiff's attorneys.
The health woes attributed to toxic mold were not described until the 1980s(ish) and appeared to increase in frequency and severity as our housing concurrently became less humid and better climate controlled. Our forefathers who lived in damp dark quarters didn't seem to have similar health problems even though they certainly were exposed to much more mold.
There will never be a better setting to study the effects of 'toxic mold' on health than post Katrina New Orleans. Flooded houses stripped to their moldy frames were pressure blasted with baking soda and rebuilding ensued;to date, no outbreak of mysterious illness.
As you read this post you are probably breathing in spores released by molds reported to be toxic. If you doubt this, get your hands on a Petri dish filled with an agar supportive of fungi and leave it uncovered for one minute...seal it and allow it to bloom for a few days-you will be shocked. Unscrupulous individuals are making big money by performing this trick on consumers (who by default are already concerned about mold in their house or wouldn't have contacted the mold team in the first place) and then trying to sell high priced and unwarranted mold remediation.
SoWal Expert
A few points, certified mold inspectors do exist in Florida.
Mold can cause major problems for some people's health, others seem unaffected. My sisters house, which has a finished basement looks nice and clean, but the mold which is hidden, limits her kids from hanging out in the basement, and my mom gets sick when she stays in the bedroom down there.
Some builders spray down the wood with chemicals like Jomax, just before installing the windows and doors, to help kill any mold growing on the wood. It doesn't contain a die to show that it has been applied.
As stated, mold is everywhere, and that is why the accurate tests require a base be established from the mold in the air outside the home. You will likely find mold in the cabinet under the sink, in the corners of your shower, and in the HVAC vent. When the level gets high enough above the basis, it becomes a concern, but can be remediated, potentially with much labor and costs, if you have to start ripping out sheetrock.
Mold can cause major problems for some people's health, others seem unaffected. My sisters house, which has a finished basement looks nice and clean, but the mold which is hidden, limits her kids from hanging out in the basement, and my mom gets sick when she stays in the bedroom down there.
Some builders spray down the wood with chemicals like Jomax, just before installing the windows and doors, to help kill any mold growing on the wood. It doesn't contain a die to show that it has been applied.
As stated, mold is everywhere, and that is why the accurate tests require a base be established from the mold in the air outside the home. You will likely find mold in the cabinet under the sink, in the corners of your shower, and in the HVAC vent. When the level gets high enough above the basis, it becomes a concern, but can be remediated, potentially with much labor and costs, if you have to start ripping out sheetrock.
Skunky
A few points, certified mold inspectors do exist in Florida.
Mold can cause major problems for some people's health, others seem unaffected. My sisters house, which has a finished basement looks nice and clean, but the mold which is hidden, limits her kids from hanging out in the basement, and my mom gets sick when she stays in the bedroom down there.
Some builders spray down the wood with chemicals like Jomax, just before installing the windows and doors, to help kill any mold growing on the wood. It doesn't contain a die to show that it has been applied.
As stated, mold is everywhere, and that is why the accurate tests require a base be established from the mold in the air outside the home. You will likely find mold in the cabinet under the sink, in the corners of your shower, and in the HVAC vent. When the level gets high enough above the basis, it becomes a concern, but can be remediated, potentially with much labor and costs, if you have to start ripping out sheetrock.
I know there are certified inspectors, I am speaking of people who essentially buy equipment to put on a show meant to frighten vulnerable consumers.
No doubt mold effects well being. When I first went back to NOLA after the storm my eyes watered and I experienced an annoying irritation of my upper airway. I am not an allergy prone person, nor do I have a reactive airway disease, so I imagine it was horrific for those who do have a tendency toward hypersensitivity. By the way, the closest experience I have had to that first day back was last weekend when I went to the Goodwill on 98...searching through the clothes really irritated my eyes and nose
Beach Fanatic
most inspectors especially 'certified' mold inspectors are kind of like certified life coaches. if i'm not mistaken it is only in the last couple of years the state of florida even made it mandatory for any "inspectors to be licensed".
Edited
Beach Fanatic
I know there are certified inspectors, I am speaking of people who essentially buy equipment to put on a show meant to frighten vulnerable consumers.I believe the accepted medical term for that is "cooties".
No doubt mold effects well being. When I first went back to NOLA after the storm my eyes watered and I experienced an annoying irritation of my upper airway. I am not an allergy prone person, nor do I have a reactive airway disease, so I imagine it was horrific for those who do have a tendency toward hypersensitivity. By the way, the closest experience I have had to that first day back was last weekend when I went to the Goodwill on 98...searching through the clothes really irritated my eyes and nose
Skunky
I believe the accepted medical term for that is "cooties".
LOL back at you
Beach FanaticAuthor
most inspectors especially 'certified' mold inspectors are kind of like certified life coaches. if i'm not mistaken it is only in the last couple of years the state of florida even made it mandatory for any "inspectors to be licensed".
The State of Florida does not require them to be licensed. The only states that require that are California, Texas and New York.
You could be a "certified" mold inspector by attending a school for a few days.
Beach Comber
A company that you might check into that has a lot of knowledge in this area.
http://www.dririte.net/
http://www.dririte.net/
SoWal Expert
most inspectors especially 'certified' mold inspectors are kind of like certified life coaches. if i'm not mistaken it is only in the last couple of years the state of florida even made it mandatory for any "inspectors to be licensed".It is true that one can become a certified mold specialist, with a course of less than one week. Of course, the same could be said about Realtors who get any of the specialist designations, like Certified Residential Specialist. That doesn't mean that they don't know about mold. Currently, in the state of FL, home inspectors and mold inspectors need only an occupational license. The State doesn't regulate the industry.
When I mentioned hiring a good Certified Mold Specialist, it is like saying, "find a good Realtor." ;-)
Beach FanaticAuthor
It is true that one can become a certified mold specialist, with a course of less than one week. Of course, the same could be said about Realtors who get any of the specialist designations, like Certified Residential Specialist. That doesn't mean that they don't know about mold. Currently, in the state of FL, home inspectors and mold inspectors need only an occupational license. The State doesn't regulate the industry.
When I mentioned hiring a good Certified Mold Specialist, it is like saying, "find a good Realtor." ;-)
Thank you Smiling Joe. What you say is exactly true. I didn't mean to give the impression that the mold remediators don't know about mold, but the state does not regulate this in any manner.
When you get into a situation like I have, you first should have a enviromentalists (sp) come to your home first. They recommend a plan of action which the mold remediators should follow.
This has all been done at my house and the mold returned. There is just too much wrong with the house. And too much wrong with me physically after living there. I can never live in that house again. It needs to be torn down.
Edited
SoWal Insider
This has all been done at my house and the mold returned. There is just too much wrong with the house. And too much wrong with me physically after living there. I can never live in that house again. It needs to be torn down.
Yippie,
You began this tread (Mar 9) stating that in 8 days (Mar 17) you were going to 'basically' lose your home...what's going to happen on Monday then?
.
SoWal Expert
Yippie, after reading your problems, I was guessing that you knew exactly the deal with the home and mold inspectors not being regulated, but I felt the need to clarify for anyone who may be reading. I hate that anyone would have to suffer through such hardships as you describe experiencing with your home. I'm glad you have such a good network of people here on SoWal to listen. I wish there was something more we could do to help ease the pain.
Beach FanaticAuthor
Yippie,
You began this tread (Mar 9) stating that in 8 days (Mar 17) you were going to 'basically' lose your home...what's going to happen on Monday then?
.
Well, I was a day off. At exactly 12:01am March 16th, there is no longer any insurance on the house.
I don't know what will happen on Monday.
If only the builder would have stepped up to the plate and do the right thing, fixed the problems their defects caused, or even attempted to help me get some satisfaction from their liability insurance company, I would not be in this mess.
Small update - Mr. Brown from channel 13 has attempted to reach the builder several times, but the builder will not take or return his calls.
I have heard from a reporter with the Washington Post, a Gannet Paper and have heard from Readers Digest. And one local paper. There are no guarantees that a story would ever be run, but they are interested enough in speaking to me.
This should not happen to anyone for any reason. I would never wish the emotional and physical pain this has caused on anyone.
Thank you all for being there with your help and suggestions. I have paid attention to all of them.
SoWal Insider
Well, I was a day off. At exactly 12:01am March 16th, there is no longer any insurance on the house.
I don't know what will happen on Monday.
Unless you've paid your mortgage off, it's usually a requirement of your mortgage contract to have the home insured for at least the balance of your note.
Have you talked to the bank/servicer of your loan about the insurance problem?
(I'm hoping you get the chance to tell your story to the press--and have it published)
Beach FanaticAuthor
Unless you've paid your mortgage off, it's usually a requirement of your mortgage contract to have the home insured for at least the balance of your note.
Have you talked to the bank/servicer of your loan about the insurance problem?
(I'm hoping you get the chance to tell your story to the press--and have it published)
Shelly,
There is a mortgage on the house, and the payments are current. That along is quite a strain because I have a first and a second, (which I took out to attempt to repair the house). And you are correct, they require insurance to continue to carry the mortgage.
The house in it's current condition is worthless and I owe more than the lot is worth.
Yes, I have spoken with the bank. They have followed this entire saga from day one. I could not have ask for a better banker. I don't know what they will do, but the liability on an uninsured house is more than I can handle.
They have strongly urged some type of settlement on this, but they, too, are being ignored.
Shelly, I, too, hope I get a chance to get this story published. It should be published and the builder should have to answer to someone, including the press.
Edited
SoWal Expert
yippie, one other venue for you might be your State Representatives. Make a couple of phone calls and let those guys work on your behalf.
Beach FanaticAuthor
Also, if anyone knows someone with the press, please refer them to this thread. They can e-mail me and I will answer.
Anyone in any city. People purchase property from out of town so often and I would hate for this to happen to someone's investment or vacation home.
Anyone in any city. People purchase property from out of town so often and I would hate for this to happen to someone's investment or vacation home.
Beach FanaticAuthor
yippie, one other venue for you might be your State Representatives. Make a couple of phone calls and let those guys work on your behalf.
I've done that. From what I am told, once it is in the courts system, they cannot do anything.
Thread locked
This conversation is read-only until a moderator unlocks it.