Legal Question in Real Estate Law in Maryland
My husband and I own a townhouse. The house next to us is vacant and going through short sale. The pipes burst in the vacant home in January and the water seeped through to my house ruining my carpet and hardwood floor. The water was shut off, but there is still a slow leak that is coming in to my home and it won't dry out. I now have a risk of mold damage until the water is stopped.
I have opened a claim with my insurance company.
I've talked to the realtor and she's limited to helping me. She has tried to talk the former owner but has done NOTHING to try to fix the problem.
The mortgage company cannot help until the short sale is closed.
The current buyers are aware of the water damage in the vacant home and have made an offer (they want to flip it), but the deal hasn't closed yet.
I've had a restoration company cut away the damaged carpet, but I can't do any more work in my home until the leak is stopped next door.
What kind of lawyer do I need to pursue legal action against the homeowner?
2 Answers from Attorneys
A lawyer who handles civil litigation (either in real estate or general litigation) might assist in such a matter.
The current neighbor's mortgage company will have no reason or motivation to assist AFTER a short sale. They likely have a current right but not obligation to enter into the vacant property to prevent further damage.
We have an exact copy of your case in the office now- the vacant adjoining row house flooded and ruined our client's basement. We sued the owner while he was in foreclosure. After the foreclosure sale, we added the new owner. The old owner owes for the initial damage. The new owner will be forced to fix the problem so it doesn't happen again. We have settled part of the case. Don't worry! It can be done!
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