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Tuesday, February 17, 2009

A very tardy house update

Hello dear family and friends.

I have been uber busy doing what feels like meaningless and unimportant dribble and so have failed to give an update on our home situation...sorry. So recap...our house is 18 months old and we're having ridiculous foundation problems. We've hired two inspectors to come take a look, the builder paid for one to come out and look and they all said the same thing...except the builder didn't want to pay to have it fixed and so we took it to a mediation process: the Texas Residential Conflict Committee (TRCC).

Okay, that you already knew. (If you've been following our saga that is.) The TRCC hired a non-biased inspector from Austin to come take a look at our home. He did. And we just got his report...where he basically tore into the builder. While the inspector was here, he asked a bunch of questions and I couldn't really gage if he was angry at me or at the builder but after reading the report he is livid with the builder. The inspector basically said because of all the foundation problems, they now have to not only fix the foundation but all the cosmetic problems it caused. i.e. tear out the backyard and the front, re-pour the driveway, re-grout the interior, new doors, fix all the cracks, nail pops, and other cosmetic problems inside, and the list goes on.

So, yeah for this small victory...but we're sure our saga is not over. The TRCC gives the builder 15 days from date of recieving the report to file an appeal but we feel pretty confident they don't have anything to appeal with, but we should know in another few days as we've had the report at least 14 days. After that, the builder has 45 days to submit a plan of action to us and to TRCC. Again, we feel pretty confident we have "right" on our side, but here is where the problems arise: who is the builder? We bought our home through Bear Creek Development who hired MKM Homes to build our home and our warranty is through MKM Homes. Bear Creek Dev. thinks MKM Homes is the builder and MKM Homes we are afraid is about to go bankrupt...So thankfully the inspector who was out here told us to go after Bear Creek and they can deal with MKM Homes. So his report listed Bear Creek and not MKM and needless to say they (Bear Creek) is not thrilled with us.

They won't return calls, they chewed Eddie out on the phone and we're just stuck in this waiting game...We're trying to remain positive but also realistic and as soon as the 15 days are up we will be contacting TRCC to figure out our next steps...We might be looking for legal counsel soon but we pray it won't come to that. So that is our update and I can't wait till we have some resolution to this...one way or another. It's the uncertainty that is killing me, but I'm spending lots of time on my knees thanking Heavenly Father for looking out for us and for all the amazing blessings He is giving us through it all and trying desperately to hold the "fear" at bay. Thank you all for thinking about us and praying for us, and we'd love it if you could keep at it. We feel your prayers and I know we couldn't be doing this otherwise.

I love you all.

Love,
Me

8 comments:

Mommydew said...

Yay for the small victory. We will defiantly keep the prayers coming your way. Keep your head up! And call me sometime!

Angela said...

oh my goodness...what a saga. I am sorry you have to deal with all that garbage. Good luck and I hope it doesn't go on and on and on...

Susan said...

I'm so sorry that this saga continues, but you're correct in reminding yourself that you guys are "right"! I hope your house can be repaired soon - you'd think the builder wouldn't want all the court and attorney fees when it will probably end the same way this mediation decision has. We'll keep praying for you guys! Hang in there!

Sally said...

Wow, that is crazy. We'll definitely be praying for you. Thanks for all of your love & support despite all this you are dealing with! I think you are amazing.

Mardi said...

Chris just asked me the other day if you ever got anything figured t with your house. I will have to pass the news along. It's good to hear from you. Don't let the stress wipe you out! Hope to see you soon - stake leadership training, maybe? :)

The McGraths said...

Holy COW! I'm so sorry you have to deal with this! The unknown would be hard for me to deal with too. I hope everything will get better and you will have a plan of action quick. Good Luck!

The Cherry Family said...

Good luck with the following steps that will be in all this. I hope it all turns out!! We miss you guys.

Heather said...

Legal issues are no fun, but like you said, you have right on your side. Justice will win out in the end. Keep your chin up!