Located in the state of GA.
I am interested in finding out the legalities and who would be responsible for this. We purchased a home in a subdivision. In the realtor information, it was noted that the road "will be paved by the end of the year." Two appraisals were done, and the road was noted as "public" and "properly maintained."
We were told by the seller at closing that the city had put the paving of the road in their budget and that it was definitely getting done.
Months later, we learn that it is a private road and the city will not take it over or have anything to do with it; it was never a public road. The developer skipped town, and nobody knows who really owns the road. There were green street signs that looked the same as other public city-maintained road signs. Recently, those were taken down and replaced with "private road" signs.
This has greatly affected the value of our home. There are approx 40 people that access the road. Every time it rains, the road turns to mud and is unpassable, we are unable to go to work or even get out to the main hwy at all. Emergency vehicles won't come here when the road is bad, we do not get garbage pickup or mail when it rains.
We were given an FHA loan. There is no road maintenance agreement, no HOA. We do have title insurance. I am interested in finding out what we can possibly do about this, if the FHA loan was "fraudulent" since it was passed through FHA as a public road and even as a private road it would have not passed the FHA requirements due to the fact it is not an "all-weather" road. I am interested to know who would be responsible in the case of litigation.