QUESTION

I'm facing a foreclosure bank maybe will grant a modification. I cannot sell because I just discovered i'm on a superfund site from arsenic

Asked on Jun 22nd, 2013 on Environmental Law - California
More details to this question:
It was never disclosed to me when I purchased this home 4 years. All vegetation in yards has died 2 and through trying to replant found out about contamination. I notified mortgage lender suggesting another reason to modify loan and let me stay. What are my rights for non-disclosure. I would never have bought a home sitting on arsenic. City never recorded the epa reports. They said an oversight on their part that is why my realtor did not know.
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1 ANSWER

Environmental Litigation Attorney serving Irvine, CA at Bois & Macdonald
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Dear Anonymous- You should immediately take the following steps to address you dilemma: 1. Go onto the U.S. EPA website http://www.epa.gov/ and/or CalEpa http://www.envirostor.dtsc.ca.gov/public/ and/or State Water Resources Control Board website http://geotracker.waterboards.ca.gov/ and download the information about your neighborhood and the arsenic information. 2. Contact the USEPA/DTSC/RWQCB Manager for the site. Give him/her your address and request copies of all test results for your specific address/lot number that are not already posted on these websites. You will need objective scientific data about your house for your lender rather than anecdotal information such as "the grass won't grow." If the USEPA/DTSC/SWRCB has not sampled your lot yet request that they do - - you and your family's health may be at risk. 3. Send all information by certified mail with a cover letter to your lender. Lenders generally do not foreclose on contaminated property and do not even want the legal or financial responsibility for managing it. Hence, the importance of having actual information about your lot. 4. You may want to call your County's lawyer referral service. The fact your lot sits above or adjacent to a contaminated site may have been known to your seller and/or its agent. You may have rights against them that may soon be expiring. Good luck and God Bless! Tom Bois    
Answered on Jun 24th, 2013 at 12:55 PM

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