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I purchased a home last year and the flood appraiser said it…

Customer Question
I purchased a home last...
I purchased a home last year and the flood appraiser said it was NOT in a flood zone. It shows on the flood certificate. I made comments to the loan officer, real estate agent, family, etc... if the flood appraiser said it was in a flood zone I was not buying it. The loan was immediately sold to GMAC. A few months after transaction I get a letter from GMAC saying home was in a flood zone. After phone calls to FEMA, GMAC, etc...

I noticed in my paperwork the flood appraiser had appraised the WRONG HOUSE which was six hours away and in a completely different state than the home I was buying. All of my paperwork shows the home was not in a flood zone when I signed the paperwork. GMAC forceplaced HUGE flood insurance on my payment to where my escrow didn't have enough money to pay my taxes and insurance.

I have been bounced from one attorney to another, one because he held onto my paperwork for four months and did nothing and lied and said he was working on it. I now have my paperwork and am searching for a lawyer that is on MY SIDE, and this seems to be impossible. I was a first time home buyer which is going to make me have to pay back my home buyer credit of $7,150.00. If I left the payments the way they are the flood insurance would cost me an additional $90K plus interest on my home over 30 years and I'm young I would live a lot longer than that.

I want all of my payments back, my down payment, insurance, home buyer credit, info wiped off my credit, and give the house back like nothing happened and all of my attorney fees paid. I want damages that are more than a few dollars because NO ONE will know what this has done to me and my teenage daughter that has to switch schools because of one lawyer telling me not to live there, another telling me to live there. I haven't had a good nights sleep in six months. I'm a nervous wreck. If I killed someone I would have an attorney appointed to me or if I poured coffee on myself I could sue for millions of dollars. I have a real case and the more money I get the more money the attorney gets. I'm mad because no one seems to care and they want to just say, oops sorry we made a mistake now you need to pay for it so your mortgage company can get away with it and GMAC can just get richer off of it. Who cares about you and your daughter we sure don't that's the American way.

Now, I have GMAC demanding the huge payments that I feel I don't owe. I've had attorneys ask me if I've priced flood insurance. Why would I price flood insurance? I bought a home with supposedly NOT in a flood zone. Come to find out the real estate agent is from the town where the house is and EVERY house in this town is in a flood zone. Did this not throw a red flag to anyone? That this one house was not in a flood zone? The real estate agent also owns the title company that closed my loan. The loan closer ALSO has lived in this town that the home is in. Not to mention the fact that if I did try and sell the home the market is horrible and I now have to sell it as a home in a flood zone. I bought the home with the understanding it was NOT in a flood zone.

I do not want to have the case in the area I live in because I will not get a fair trial. It's a small area and anyone can say what they want, but around here we know how our legal system is ran. Money talks and I know the people I am dealing with and they are very crooked with each other. Someone please be on my side and please tell me what to do. This is the first month the payment has skyrocketed. Today is the last day to make a payment so my credit won't get a bad mark. They won't accept my regular payment they want the whole thing. I don't want this house to go into foreclosure and create even a bigger mess. Although, if it pulls GMAC into it then that's just one more defendant. My mom was also a co signer on the loan and I do not want GMAC coming after her because of the appraiser's mistake. All of this is just ridiculous and I want an attorney that is as mad as I am about it. I need someone to stop the payments with GMAC until this can be resolved. I'm being hard head headed and refuse to make the huge payments I don't owe them and they will end up foreclosing the home. This case is urgent, not one to sit around and see what someone can do about it. I need power on my side to get a hold of the right people and shut GMAC down before it's too late.

There has to be one attorney out there that actually cares about his clients understands cases with urgency and believes his client should be compensated for expenses. I need help and I need it fast. I don't know who will be reading this because I'm just typing my thoughts right now, but I've been told to contact the Attorney General of Missouri, HUD office and news stations. I would think there would be some banking and mortgage office that could do something also. Only people who deal with this everyday knows that. So this is my story.
Submitted: 7 years ago.Category: Real Estate Law
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Answered in 1 hour by:
12/1/2010
Real Estate Lawyer: Alex Esquire, Attorney at Law replied 7 years ago
Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16,909
Experience: Experienced Licensed Attorney / Real Estate Law Mentor
Verified
Hello. My name is XXXXX XXXXX I will be glad to help you.

If the flood appraisal has given you a written appraisal prior to closing that clearly states that this house was not in a flood zone and in fact it is, this flood appraiser is potentially liable of malpractice and I would strongly suggest that you look into potential malpractice claim for damages against the appraises and/or the company he works for.

I would suggest that you retain and experienced local real estate attorney that can review all of your documents and take appropriate steps to help you resolve this terrible situation and also impose a claim against the appraiser and possibly other parties involved.

You can contact Missouri State Bar Association to find qualified, pre-screened, experienced local real estate attorney you can consult with. Here is the link:

www.mobar.org.


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