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Michael Bradley
Michael Bradley,
Category: Real Estate Law
Satisfied Customers: 1067
Experience:  Owner at The Protection Group LLC
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My husband and I purchased a HUD home in Nov 2014. There

Customer Question

Hello. My husband and I purchased a HUD home in Nov 2014. There were very few disclosures. One ommission was that the well had a crack and was leaking. This had been dealt with by the homeowner by installing a french drain across the yard, emptying into the ditch. Our neighbor to the South has long protested that this keeps him from mowing his ditch, because the water is at times considerable. He just filled his part of the ditch with a clay barrier, causing water to back up onto our yard, and necessitating a close look at the well. Where do my husband and I stand on making a claim to HUD?
JA: Will you both be jointly liable for the mortgage?
Customer: The mortgage is in my husband's name
JA: Where is the property located?
Customer: Shakopee, MN. An area full of natural artesian springs. That is what we thought we had.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that is all for now.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Michael Bradley replied 2 months ago.

Unfortunately that is a problem with purchasing houses through HUD.

The issue with making a claim with HUD would be timing. A lot would depend on when you purchase the property and when you discovered the problem. Also, if you receive any sort of disclosures from HUD that would be relevant as well. I would assume that there was still a sellers disclosure although I am sure it was relatively blank since they were not the homeowners.
The ditch that is in the neighbors property, I am assuming that that is a drainage ditch? I am not sure that they would be allowed to fill in that area. I would contact your zoning officer and have them come and take a look. If what they did was against zoning or code, the Township may get involved to have them remove the impediment that was placed.

Expert:  Michael Bradley replied 2 months ago.

would you still like some help?