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  1. #1
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Bought Home, FHA, "Public" Road Was Really a Private Road

    The FHA issues insurance on home loans against default. The road issue has nothing to do with the FHA.

    Since you are in a subdivison the builder had to have a "performance bond" for the road or the project would have never been issued permits.

    You need to contact your planning dept in your area and ask them to foreclose on the bond and finish the road.

    Here is a link to FHA;

    http://www.hud.gov/

  2. #2
    Join Date
    Apr 2008
    Posts
    16

    Default Re: Bought Home, FHA, "Public" Road Was Really a Private Road

    Thank you for the information. We have checked with the city, and they never had a bond for the road. They are definitely at fault for that, but they refuse to take over the road and say they have no responsibility. There definitely seems like there is a few things that they are not telling about. The county says that if it was theirs, the road would have been paved by now. Any way to have the road de-annexed? I don't know what other ideas are out there.

    It is odd to me that nobody knows who actually owns the road, and even the city claims they cannot figure it out. The city uses the road, as they own a public well house on the road. The subdivision was annexed into the city.

  3. #3
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Bought Home, FHA, "Public" Road Was Really a Private Road

    Quote Quoting metallic36
    View Post
    Thank you for the information. We have checked with the city, and they never had a bond for the road. They are definitely at fault for that, but they refuse to take over the road and say they have no responsibility. Not enough people in here want a HOA or a road maintenance agreement.

    It is odd to me that nobody knows who actually owns the road, and even the city claims they cannot figure it out. The city uses the road, as they own a public well house on the road. The subdivision was annexed into the city.
    You paid for title insurance. Part of what they insure is the "road access". You need to bring your title insurance policy to real estate attorney and see if he can file a claim or sue the title company for the money to complete the road.

    You can read the policy yourself and see if it "excludes the road". However, I doubt it does or your lender would have never have funded the loan.

  4. #4
    Join Date
    Apr 2008
    Posts
    16

    Default Re: Bought Home, FHA, "Public" Road Was Really a Private Road

    Thanks for that info. I checked, and it covers road access, but does not cover the physical condition of the road or the fact that it is a private road.. we have easements and I guess since they saw that, it's considered that we do have "access" even if it is only possibly for 4x4 vehicles to go in and out.

    I have thought that the responsibility would be on the appraisers, both put that it was a public road, but then they could have only looked at the green street signs and assumed that. I figured they could have and should have verified that it was indeed a public road. I am trying to think of different things that would get them out of being sued (how they would defend themselves), the fact that the street signs were green. It's strange that the green signs have been posted for the last 6 years and then the city just last month decides to change them to the blue signs that say "private road" on them.

    If the lender knew that the road was private, we would have never gotten the loan and we really shouldn't have gotten the loan because the appraisals falsely represented the road. I contacted FHA and they told me how to file a complaint against the appraisers, but I have no idea if that would benefit me at all.

    Where else should I look for proof in public records that would tell me that the road is private? I know we were given the due diligence period before the closing on the house, and I never thought to check on the road since everyone was saying it was public. I am still wondering about if the seller would be liable, since it was in writing that the "road will be paved by end of year".

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