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Old 07-11-2008, 04:06 AM
 
5 posts, read 16,380 times
Reputation: 10

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Hi all,

We live in Oregon. We moved here a few years ago. Im an artist, my wife a nurse. We live on 1 income most of the time.

A little over 2 years ago we bought a home. My wife was pregnant at the time. We wanted a house and yard, and our credit was good (750ish) so we bought a house for 2 & 1/3rd. It looked like a good home, needed cosmetic work, but one of the lesser homes in a better neighborhood.

We had it inspected etc, signed negligibility agreement with inspector. At the time of sale there was a trickle of water running down along the back hillside towards the house, and to the neighbors drain, which is installed up in the back of his property.

We asked the seller about it, who said water had never flowed there before. Due to decades of wild ivy (of which some single vines were 5" diameter) you could not see much to tell about any water in the backyard.

The inspection came off fine, we bought it.

The seller lives next door, owned both properties for 20 years, and we have to use sellers driveway to get to the road. We do not have a flag lot, but 100' of frontage on the road. But the seller divided the 2 buildings on the lot (detached garage turned residence, and house) into two separate R10 lots, one at 10ksq ft, one at 16sq ft. We have the larger lot, and the house is 1200 sq ft. We tried very very hard, but county will not permit a new driveway, because roadway isnt classified for new driveways (even though new one was put in 3 houses down 2 years ago). 120 homes on road, we are only house of all of them without own driveway.


The house is from the 40s, built on slab, all masonry, including interior walls. It is stone or tile floor, with hot water heat in the floor. Still works good 60 years later.


The neighbor spent lots of time in the yard at first, hour, two hours, everyday. The dogs ran wild, never leashed. Its a residential area, not farmville. Only a 15 minutes from skyscraper downtown.

Dogs pooped all over, neighbor never picked it up. When requested, a bit here or there would be scooped up and pitched to a different part of our yard. Dog breed is pitbull.

Dog kept trying to kill our cat, which is harnessed for his own safety (he lays in the street and will not move for even honking cars), and tied to a loose stick. Neighbor told us to cage our cat if we didn't want our cat dead.

So months of this go on. Long story short, we have to call animal control cause neighbor refuses to leash or fence dogs, after the 3rd attack wherein neighbor watched the attack and smiled as it occured. Neighbor beats dog with a stick from time to time.


Things go from bad to worse. Neighbor doesnt talk to us anymore, lots of mail goes missing. Lots of mail. Except we have a newborn, and all the newborns mail is torn open and pitched into the yard, check/moneyless. Missing checks never cashed.

After a year of it, we buy a locked mailbox. Couldnt afford one before that, with 1 parent home fulltime and new big mortgage at 45% of income.

Notice some problems with house, walls in bedroom sound hollow, but all other walls in house are masonry with perfect lime plaster 1/2" thick over clay blocks. Wall in bedroom pushes in a bit. Its clearly 2 pieces of drywall run horizontal. Down they come so they dont break loose in a quake. Underneath we see they were held with adhesive, broke loose because adhesive was put on peeling lead paint. When drywall walls come down (all walls in house are lime plaster, extremely hard walls) one corner of ceiling sags. Looking at it, all nails are rusted through. Pulling down corner of ceiling shows roof damage.

Roof is so rotten, that the wood falls down if you were to brush it with a paintbrush, exposing tar paper. Lots of tar brushed on underside of this section of roof. ceiling in that room was conventional drywall. in all other rooms it is 2.5" thick and so heavy you can walk on it with no fears, up above.

Going up into attic, which is very low and hot, we see a few vents where someone put them in and smashed through the wood with a hammer to put them in. Where wood is smashed, lots of a grey hard tile, about 1/4 thick is seen under the tarpaper.

when seller sold home, 1/2 of carport was demolished to make appropriate distnace from new lot line. the grey tiles were on that now missing 1/2 of carport with new gable end.. Old carport pillars become fence pillars. There is a report with department environmental quality that all the grey tiles (now confirmed asbestos) are buried on sellers lot.

Roofing person comes out. Says roof tiles are asbestos. Shows how nails didnt hold into wood due to thick asbestos tiles, which were broken up when nailed through. Wont touch roof until abatement team comes out. shows how nails that didnt hold worked way up until heads exposed to rain (this is oregon). water travels down nail shaft to wood beneath, causing rot. Shows how dryrot has affected entire wood structure of roof, from planks to rafters to top-plates.

asbestos inspector confirms 30% asbestos in roof. Confirms 13% asbestos in ceiling (all ceilings are 2" thick material, very very very heavy stuff - as I put in 12 recessed lights and the ceiling material stripped the teeth off every other hole - i only wore a paper dustmask), and 13% asbestos in plaster walls.

Finds mold of high levels in attic due to decomposing wood, and moderate levels of same kind in house. several times what is outside in control sample. allergist indicates I am allergic to this mold in particular (explains loss of health and massive daily headaches I never had before).


Water in back yard isnt trickle, but flows strong 6-7 months of year. as much as 200 gallons a minute (where it comes out of neighbors drain, which he states he put in just for that water, it fills a 5 gallon bucket in 1.5-2 seconds) but often is only about 30 gallons a minute. It flows within 3 feet of the home but no further than 12 feet, and water damage is evident in some interior plaster. lots of mold from that in house too.


just before redo'ing room where we took down plaster, we took out 11k more money from equity to make the house nicer. seeing the roof, we did not improve house but spent it on something else instead...


But wait, you've read the good part so far...



neighbor has threatened to kill me 3 times. we called police about it, but they never filed report. we have record of calls, but police delete text on all calls from previous calendar year so we cannot prove what was said in the call, just the text header of the call itself 'death threat' etc, which first occured time we called animal control.

neighbor has concealed weapn permit, is unstable, alcoholic, pain killer abuser. also a female senior citizen who is exceptionally good at playing old lady with no one to help her - but also very very unstable.

at one point a man lived in her shed. she had shed built for him. we had him evicted. he came to our door one night a few months after eviction and told us many things we did not know - that our mail was being stolen by her, etc... damage and theft of property... her false police report about me spying on girls she had over... calls she makes to child services tryingn to get our child taken away... 3 attempts by her to hire someone to murder me.

sheriff did nothing. talked to the person who did the murder hiring before talking to witness, and declared witness unreliable before talking to witness based upon her testimony. (said as much to our faces)


We use home equity money (the 11k meant for improvements) to install home security system, buy gun, and hire attorney. Old lady often when in yard would tell me how her life was very bad and she felt justice was taking someone else out with her. when meeting her, you might think her odd, something not right. geting to know her, you fear her. ALL of the neighbors tiptoe around her and fear her greatly and will do nothing to get on her bad side. She is freaky scary, and murder is surely a step she might take.

Attorney says good case, 13k costs for both civil pain & suffering and fraud/breach of contract on home sale. 2 months, and 8000 later, we are not yet in arbitration, still no restraining order, and he then tells us she has her property mortgaged to 135k, its zillow value is 180 - and it is a very junky unkempt property quite undesirable and sure to sell low in auction.

So she has no money to even be worth pursuing.. but she has insurance defense? why on fraud is there insurance defense?

What will happen to us even if we win? She will know where we live, and have lost everything, with poor health and reason to hate she might try to shoot us through the windows at night (her preferred method from what she said in those early months)


We have new baby coming in 1 month. 2 year old daughter. 1 working class income. great credit. neither of us have ever done anything at all bad in our lives, nothing at all to deserve this.



We have only 3k total debt aside from 240 on house, (recent vector value 278 but I know its high - and doesnt consider all the undislcosed stuff). We were approved to buy a very modest 2nd home. Grandmother borrowed 40+k for a downpayment for us, since we cant FHA based off of 'rental income' from 1st house without proven rental income (rules just updated).


We dont know what to do. We are very afraid. We have been living in fear for 2 years. Feel like attorney is robbing us, we paid 3k retainer, have 5-6k in unpaid bills - all to build a file, and not even to arbitration. No restraining order even. Just learned neighbor worth nothing.


We can - stay in house and try to hang on there. Very real risk to life - even though Ive never so much as raised my voice and have never said 1 unkind word to neighbor. She may be a senior, but she used to pile boulders behind our tires, rocks so heavy I could not move them, but the sheriff made her move them and she lifted them like a bull and tossed them aside. Fearfully strong woman. Shes quite scary.

Anyways, we can leave and rent for the next 5 or so years. But with 2 cats, 2 kids and a 3rd to come in 2 years, we know the struggles of that.

OR we can buy a very small modest 2nd home 1000-1200 sq ft, and foreclose on first.

We are afraid if we do so, the bank will sue us for the grandmothers down payment on new home, since it will have equity. We are afraid that if we disclose the 80+k in repairs required on original home just to be brought up to safety, they will make a judgement against us. We read we do not legally have to disclose that stuff. We would foreclose on cause of fear of neighbor (good documentation here including 3rd party report of being hired to murder me and concealed weapons permits etc) and inability to afford 2 mortgages. Cant go for inspector with negligence clause. real estate agent had no fault, didnt know about any of this stuff, and we dont feel right about suing just anyone anyways, we are NOT those kinds of people.

But we can see our way to leaving the house to the bank because congress is helping the banks out so very much. Its not right, but if anyone can afford to help us, its the bank, because goverment is printing money for their foreclosures. nobody is helping us, screwed at every turn and never done anything wrong in our lives, always have lived as model citizens.


What would you do if you were me? There is also a local news station which takes up stories like this, but if they did, the bank would know about the problems, and my life is in such jeapordy Id rather lose and start over in life than gamble with something like that. People do crazy things when on camera, especially if they are psycho and feel they will die very soon, that the government keeps a "dossier" on them and is after them, and that I should die when she does... I gues because when her dog was mauling my cat I hit it on the nose 3 times and told it to go home.

Could use some serious advice, please. All of this story is true, and its not even getting into the nitty gritty, there is plenty more horror here.

Last edited by Elahrairah; 07-11-2008 at 04:33 AM..
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Old 07-11-2008, 06:33 AM
 
Location: Downtown Orlando, FL
573 posts, read 1,615,091 times
Reputation: 547
Hey Ela, welcome to the forum.

I see that this is your first post. Just some friendly advice, for future posts you may want to shorten it a bit.....lots of potential people may see this post and just breeze by it because of the length, you know what I mean?

The short answer to this story would be, sell cheap and run like hell. I'm not sure what to do in your case. You have way too much stuff going on. Obviously if you sell you don't want to focus on the neighbor. As you already have, I'd get the cops more involved. I can't really understand why the cops aren't doing anything about valid death threats, that you've recorded!

In a case like this, I'd move out of this TOWN entirely. Police not taking multiple death threats seriously? Sorry, but I've seen too many Datelines and we all know how this story ends up. Good luck, you'll need it.....

Cindy
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Old 07-11-2008, 06:38 AM
 
Location: Downtown Orlando, FL
573 posts, read 1,615,091 times
Reputation: 547
And just a little PS here, as far as I know, a seller's disclosure would require you to disclose of anything you know that may be need of repair. Where did you read that you wouldn't need to disclose this? I could be wrong here, but a seller's disclosure is for exactly this kind of stuff (80k+ of repairs to keep safe)......
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Old 07-11-2008, 07:14 AM
 
Location: DFW - Coppell / Las Colinas
39,483 posts, read 44,825,797 times
Reputation: 50427
Quote:
Originally Posted by ilovebdj View Post
And just a little PS here, as far as I know, a seller's disclosure would require you to disclose of anything you know that may be need of repair. Where did you read that you wouldn't need to disclose this? I could be wrong here, but a seller's disclosure is for exactly this kind of stuff (80k+ of repairs to keep safe)......
This is true. We call Sellers Disclosure "Lawsuit Preventers". You can't hide material problems with a property.

And yes, I skimmed through your post. Way to long read.
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Old 07-11-2008, 09:42 AM
 
930 posts, read 2,321,913 times
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Hi Ela!
Being an artist sounds like fun!!! I am sure you enjoy it.

But at this point...with 1 child and 1 on the way? I think I would get employed.
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Old 07-11-2008, 10:48 AM
 
5 posts, read 16,380 times
Reputation: 10
About disclosure, well thats why we were going to foreclose. If we sold, we'd lose around 100k. On a 60k income where there is no extra money for a family, we cannot lose 100k. We also never did anything wrong here.

We've considered leaving the state as well, but we really cannot afford to move at this point.
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Old 07-11-2008, 11:21 AM
 
11 posts, read 246,514 times
Reputation: 24
I know a lot of people are going to disagree with me...but if it were *me*, I would walk away from the house. If all of your credit is still good, you would have an easy time going through a credit check to get into a rental. Yes, you would default and eventually forclose on your current property, but if that's the 1 and only loan your delinquent on, it won't stay on your credit report forever. While you are renting, you can start saving again for another down payment in a few years when your credit score goes back up.

In the meantime, at least you will be *safe* in your new residence, which is more important than a credit score (which is why you haven't moved yet, right?)
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Old 07-11-2008, 03:43 PM
 
27,066 posts, read 44,254,762 times
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Quote:
Originally Posted by calihomeowner View Post
I know a lot of people are going to disagree with me...but if it were *me*, I would walk away from the house. If all of your credit is still good, you would have an easy time going through a credit check to get into a rental. Yes, you would default and eventually forclose on your current property, but if that's the 1 and only loan your delinquent on, it won't stay on your credit report forever. While you are renting, you can start saving again for another down payment in a few years when your credit score goes back up.

In the meantime, at least you will be *safe* in your new residence, which is more important than a credit score (which is why you haven't moved yet, right?)
I hate to say this...but I agree with you...It is against what I ever would suggest any one, but if all this is true...I guess there is not much of an option. Fist off all your home (as you decribe it) sounds like it is in a very bad shape, and adding this crazy unstable neighbor, no driveway, etc.... I would rent... maybe you can try to sell and that would be the right thing to do...try a short sale and yes, you have to disclose certain things...but if you can do a short sale, maybe some one wants to fix it up and meanwhile your old neighbor might have to leave due to her age and need some help some place else.
A short sale will help your credit score much more than a foreclosure....I wish you good luck and enjoy your kids and the nice things in life.
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Old 07-11-2008, 07:21 PM
 
1,915 posts, read 3,757,948 times
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Build a huge fence and wait for things to improve. Maybe pick up a full time job and help your partner with the bills. If you are busy working, you won't have time to notice your crazy neighbor.
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Old 07-12-2008, 01:33 AM
 
5 posts, read 16,380 times
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Thank you so much for the replies... due to my childs special needs, I am unable to work, as the cost of care is astronomical - and with literally no job skills or work history, I cannot earn enough to pay it. We looked into care, and could find few people willing to care for our child and none for less than 1100 a month - and we have 2 children to boot, in 1 month.

Yes, our credit has been very good to date, 756 when we bought the house. We have always paid our bills well... and right now only have 3k in debt total outside the home.

The attorney says we have a very good chance of winning, but at the cost of what to our health and safety?

We are very angry, because of the injustice... we've never done anything at all in our lives to deserve such a fate, to have been lied into this buying this home by a psycho next door, with a net worth of negative dollars.


We just feel trapped, and cannot see a good way out.


The only upside we can see, is the HUGE file of documentation we have on all of this, 2 years running solid. If we ever have to explain why, we can give them a copy of that file - though it's a 3 hour read.
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