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After closing 55days fha loan with well

Lender omitted any well or septic or water test requirements from beginning to end of loan. I even asked if the well water or septic info was availible or checked i had a home inspection which cover basics but the lender did not disclose or require that info prior to closing. All of the sudden they wanted a water test done and acted as if this was a big favor to me that they forgot and now since it failed due to batriia and faulty well water shipment they want me to come out of pocket for additional funds after I paid closing coat and first house payment..got bids as they asked. And they only want to add chlorine to the well and retest which will fail..I'm pissed this should be been caught and disclosed by the lender and they should,pay the 1400 that it will cost to get this correvted since the seller is now out of it and due to the service people looking over the equipment the conditions are horrible now I consulted a attorney that thought the lender should cover this one but the lender is pushing me to the point were in ready for a attorney and further action to protect myself..what are your thoughts? Keep in mind single women long time struggling mother very resourceful and knowledgeable in release and contracts..I expect people to do the right thing when the chance is given..after all closing cost and house payment..they already got my moneu..what would you do? by Flgrl911266 from Lehigh Acres, Florida. 15 days ago Reply


Kenneth Kopper (KenKopper)
#1 ranked lender in Maryland - 524 contributions

Where are they drawing the water sample from? Sounds like both the Realtor and Lender dropped the ball here on the water test. If the water was not potable, then it should have been corrected prior to settlement by the seller. The contract and Appraisal should have both noted that the property was on well water.

13 days ago
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William J Acres (William_Acres)
#1 ranked lender in Arizona - 8,000 contributions

Much more info needed, but in general.. When you purchase a home, you should always get a home inspection.. But when you purchase a home with both a well and a septic system, and you used a realtor.. then the realtor should have strongly advised you to get a well and septic inspection, as well as a home inspection. In fact, most states have laws that require these inspections prior to consummating a purchase/sale agreement. I'm not familiar with FL laws, but here in AZ, you have to have a septic inspection, but not a well inspection. This all being said,, understand that the burden falls on your shoulders to do your due diligence prior to finalizing the sale. I'm not saying it's all your fault.. but you do bare some of the burden if you did not insist on these inspections prior to closing.. Now as far as your loan goes.. The lender cannot rescind the loan.. They cannot call your loan due and payable... If the well is an issue, and you tell them you don't have the funds to pay for the repair, then if the lender needs this done, they will have to pay for it.. You can look over your paperwork and see if there is anything that talks about property deficiencies that were not caught in underwriting, but to my knowledge, there isn't any thing like that on your typical conforming loan. You are correct that if you knew of these water issues prior to closing, you could have had the seller pay to correct it.. but that window is now closed.. you also might be able to go back on your real estate agent and ask them to contribute.. All things being considered,, you should absolutely get your water clean.. it's not safe to drink for sure. Also, as you stated, it was disinfected with chlorine and then failed a 2nd time.. this indicates that there is something feeding the well with bacteria.. continuing to shock it wont fix the problem.. only mask it.. so you definitely have a sanitary water issue.. I'm a preferred Lender with California and Arizona being my primary markets. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com NMLS# 226347 / RPM Mortgage NMLS 1541014 / AZMB0121893

13 days ago
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