The leinholder is not forthcoming with information on how to address the issue. In the meantime, there is black nasty water seeping under the shared wall, causing damage to my flooring and there are squatters bringing yet more garbage into the house. The smell is unbearable. I cannot get any satisfaction from the mortgage company who holds the lein. My renter is ready to move out and if she does I won't be able to rent to anyone new and will not be able to make the mortgage payment. I'm close to reaching my breaking point, as nobody from City, County or State seems to be able to help me. What is my recourse?
Real Estate Attorney
The health department should test the water that is seeping from the house and condem if the septic or sewer is leaking. If the house is a nusiance you may sue the neighbor to stop the activity but it would take some time and money to get the final orders.
You should also file a claim with your insurance for any damage that is occuring and get a contractor who has dealt with drainage issues to give you a bid.
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Landlord / Tenant Lawyer
The RLTA has a provision whereby you notify the owner of the waste/nuisance/trespass issue and demand that they fix the situation. If they do not fix it, you sue them. You can find out who the record owner is by consulting the County's tax records; the assessor-treasurer will have an address for the owner, so you can write to them. This is public record, so you are entitled to the information so you can bring your complaint to the correct party - the owner.
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