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There is alot involved. I bought an owner/builder property.

Customer Question
There is alot involved...

There is alot involved. I bought an owner/builder property . The place was advertised as built in 2012 and upon looking at the place it looked new and everything seemed to be correct. Three months after bein in the home water came up through the floor. From there it gets much worse.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

CA

Lawyer's Assistant: Has anything been filed or reported?

I went to the county to look at the file and blue prints I found a notice of violation from CAL FIRE that stated driveway must be paved or no certificate of occupancy to be issued. It is in a SRA.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The driveway is way to steep. I Anything over 16% needs to be paved and this driveway is from 25% -22%

Submitted: 4 months ago.Category: CA Real Estate
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Answered in 12 minutes by:
1/1/2018
Lawyer: INFOLAWYER, Attorney replied 4 months ago
INFOLAWYER
INFOLAWYER, Attorney
Category: CA Real Estate
Satisfied Customers: 61,645
Experience: Licensed attorney helping individuals and businesses
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Greetings! I am a legal expert on the site and am working on your question.what can I answer for you?
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Customer reply replied 4 months ago
After telling the owner/builder/seller about all the problems with the house and the driveway, included were bids from legal licensed contractors , I expected a response denying the issues or at least to make an appt for a paid inspector as the Calderon Process requires. Instead I here nothing and the CAL fire PREVENTION CHIEF SHOWS UP UNEXPECTEDLY and says he is here at the sellers request to check the slope again . Now magically the driveway meets CAL FIRE requirements according to the cal fire guy. I had it surveyed after he left and it is 22% at the bottom and 22% at the top and 18% in the middle.So the CAL fire filed a fraudulent inspection report that lets the seller off the hook for the pavemnt which would cost 26k to get done. The assessor droppede the value of the property after showing her the issues. This is 9 years after the notice of violation was filed by the same cal fire guy that came out a month ago. Further investigation revealed that the original paperwork on the CAL FIRE paving requirement is now gone. The county says we do not where it went. Also found out that the house has no permit. There was another structure to be built on the property but it did not pass plan check and was never approved to go forward. The cost of the driveway and cost to re engineer the first house was to much. So the seller built this small house. The county employee at the desk did not follow permit application process and instead of making the owner/builder/seller fill out a new application and go through the plan check process she let him use the permit application for the first house that was never approved. This paperwork has no foundation signed off, it has no plumbing in foundation signed off, no electrical service signed off and everything else was signed off on the same day. A friday but the inspection route for this property is a Tuesday. The house is falling apart the county says they will have nothing to do with it. But they let this guy that does not own it request a reinspection 9 years later. I told the seller I was not going to make payments anymore because he holds the note and I said until we get this adressed. He did not reply and is now foreclosing. True to form he did not contact me about any foreclosure prevention options but signed a declaration that he did. How can I stop the foreclosure and force him to take care of this?
Customer reply replied 4 months ago
After you look it over I might want to talk. The 59 is not on top of the original 47 is it?
Customer reply replied 4 months ago
I have pictures of the paperwork before it went missing from the file. I have had numerous contractors out and hired a construction defect examiner and he can not believe how bad it is. Once I get his report how can I use it to stop the foreclosure and get a judge to force the owner / builder /seller to deal with this?
Lawyer: Irwin Law, Attorney replied 4 months ago
Irwin Law
Irwin Law, Attorney
Category: CA Real Estate
Satisfied Customers: 7,559
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Hello. A different expert here. You asked: After you look it over I might want to talk. The 59 is not on top of the original 47 is it? The chat here is covered by the $47. You have the option of accepting the answer. A phone call later in the conversation would be an additional $59, but that is your choice later. Off hand, I'd say that you have a good case to bring a counterclaim against your seller in the foreclosure action. Do you wish to continue with this discussion? If so, I will need to ask you for some additional information. Obviously, today is a holiday so I will be on and off line, plus going to a party later (I am on Eastern Time) today, and my replies will undoubtedly be delayed.

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Customer reply replied 4 months ago
Thank you for your response but I think I need an attorney that practices in CA .
Customer reply replied 4 months ago
I am looking for an attorney licensed and actively practicing in California.
Customer reply replied 4 months ago
Can a foreclosure be stopped on the grounds that a construction defect lawsuit is going to be filed.? That fraud was committed during the sale. The seller carrying the note will not respond to anything so I told him I was not making any more payments unless he dealt with this.
Customer reply replied 4 months ago
Can a foreclosure be stopped if the trustee is a title and escrow company that did the escrow and the foreclosing party is a completely different title and escrow company that is 400 miles away. I did not receive any notice of a different trustee being assigned.
Customer reply replied 4 months ago
Is a private note , such as an owner financed property subject to foreclosure prevention requirements that require a lender to contact a borrower about loan modification etc. before a NOD can be recorded?
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