SOME QUESTIONS TO ASK WHEN INTERVIEWING A LAWYER |
Click here for a WPTV Channel 5 video and transcript on Chinese drywall featuring Allison Grant, Esq., the founder of Chinesedrywall.com |
* Do I have to fix my house if the builder has agreed to do so? No, however, if you chose to do so, do not sign anything without understanding what your builder is proposing to remediate and the legal effect, including your inability to bring future claims. You should be especially cautious if the builder asks you to sign a release for personal injuries. * Do I have any recourse against my builder if he filed for bankruptcy? You may. Please consult an attorney as soon as possible. If the claims bar date has passed, you still may be able to file a motion to seek to deem a late claim timely filed. * What should I do if I am purchasing a home built between 2001 and the present? In addition to a thorough home inspection by someone who has experience with Chinese drywall and Seller's Disclosures (many now include Chinese drywall), you may want to ask the seller to identify all electrical and A/C repairs, including the date and nature of the repairs. Specifically, ask the seller to disclose if he/she has replaced any appliances. * Am I required to pay my mortgage if I cannot live in my home? Yes, but due to the extraordinary circumstances, some lenders will agree to suspend payments for a period of time. Note, this may negatively affect your credit so please check with your lender and get any agreement in writing. Homeowners are cautioned to carefully review forbearance agreements. Some lenders are requiring homeowners to agree that any monies recovered in litigation will be made payable to both the lender and homeowner and will require the homeowner to use the settlement proceeds to remediate their home. It is not clear whether lenders are taking into consideration that some of the damages are for reimbursement for personal property and for other out of pocket expenses such as moving and storage. Homeowners are encouraged to contact an attorney to discuss their options. Click here to review Fannie Mae's new policy; Veteran's Benefit Administration is similarly providing relief to homeowners. Click here for Circular * Can I walk away from my house without any further liability? Not unless your lender agrees to release you or waives the right to seek a deficiency judgment. Even if your lender agrees to a deed in lieu of foreclosure or a short sale, the lender has the right to pursue the deficiency (the remainder of the mortgage, plus attorney's fees and costs) against you. The same is true in a foreclosure. Please consult an attorney. Click here for article. * Can I still maintain a claim if my home is being foreclosed? What if I sell my home? Yes, it is possible but evidence must be preserved although the measure of damages may differ. The same is true with a short sale, but there are other important factors to take into consideration, including tax consequences. Please consult an attorney. * Can I go ahead and remediate now and still maintain a claim? Yes, but please consult your attorney first. It is imperative to preserve the evidence. Your attorney may also want to put your builder and other parties in the chain of supply on notice before you begin remediation. * Why was my claim with under my homeowner's insurance policy denied? While most homeowners’ insurance policies provide dwelling coverage on an all-risk basis, property insurers contend that coverage for Chinese drywall is precluded because of various exclusions contained in their policies. There are numerous other exclusions often relied upon by property insurers, however, there are reasons why these exclusions may not apply. Lawsuits are being filed against homeowner's insurance companies to determine coverage. * The value of my home has decreased due to the Chinese drywall. Can I have my property reassessed? It depends on where you live. Contact your county property appraiser for more information. For those in Florida, if the property is uninhabitable, then the property appraiser must assess the value of the building at $0. See CS/CS HB 965 Real Property Assessment * Is FEMA relief available? Not in Florida. FEMA has denied Governor Charlie Crist's request asking for financial aid for victims of Chinese drywall finding that this is not an emergency or major disaster, but rather a product defect. |
Copyright © 2008-2010. Chinese Drywall Marketing, LLC. All rights reserved. *The materials on this site are for informational purposes only and are not guaranteed to be correct, complete or up to date. The information on this site does not constitute engineering, legal, medical or any other professional advice, and is not intended to create a professional relationship including, but not limited to, an attorney-client relationship. The hiring of any professional including, but not limited to, an attorney is an important decision that should not be based solely upon this website or any advertisement. Before you decide to hire a professional, ask for information regarding his/her qualifications and experience. Chinese Drywall Marketing, LLC does not endorse or support any product or organization linked to this website, nor is Chinese Drywall Marketing, LLC responsible for the content of any website promoted in or ad published on this website. |
*Allison Grant, Esq. is a partner with Shapiro, Blasi, Wasserman & Gora, P.A. 7777 Glades Road, Suite 400 Boca Raton, Florida (561) 477-7800 agrant@sbwlawfirm.com |
| THE LEGAL CORNER by Allison Grant, Esq.* agrant@sbwlawfirm.com (561) 477-7800 |
| WHEN DID THEY KNOW CHINESE DRYWALL WAS DEFECTIVE? |




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| FREQUENTLY ASKED QUESTIONS The foregoing is general information and does not constitute legal advice. Please consult an attorney. |
| IS THERE INSURANCE COVERAGE? |