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Email Gerry McGill
Gerry McGill
Gerry McGill
Attorney • (866) 735-1102 Ext 615

Homeowner’s Chinese Drywall Claim Can Lead to Mortgage Foreclosure

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The nightmare begins when you discover that the dream home which you purchased in 2005, at the peak of the housing boom, is contaminated with Chinese Drywall. It continues when you learn that your builder went bankrupt in 2008. Then you file a claim with your Homeowners Insurance Company. Despite having faithfully paid all your premiums for the last four years, your claim is denied because, to your surprise, the policy includes exclusions for construction defects or pollution defects.

You think things couldn’t get worse but you are wrong. Your Homeowners Insurance Company next sends you written notice that they will not re-new your policy because your home is contaminated with Chinese Drywall. They would be willing to re-new your policy "once the problem has been remediated to their satisfation". With no solvent builder and no insurance coverage you lack the $100,000.00 or so that it will take to remove, replace and re-paint all the existing drywall, replace wooden studs and framing, replace all insulation and other porous matter, re-wire the entire electrical system ,since the copper wires are corroded and could be a fire hazard, and replace any fixtures containing copper wires, such as the A/C air handler and refrigerator.

So what happens next? You move out of your house but you have to keep paying the mortgage, taxes and insurance each month. Then when your Homeowner’s Policy expires your Insurance Company send a Notice of Cancellation of Insurance to your Mortgage Holder. Since all Mortgage Holders require Homeowners’ Insurance to cover them in the case of a loss, you are now in default on your mortgage. You will get some grace period to bring your mortgage current by obtaining the required insurance, but where will you get it from? Nowhere, unless the government step in.

I wish this scenario was just a nightmare and would be gone when you wake up, but for thousands of families I’m afraid this is going to become a reality. I wish even more that I knew the solution to the problem but I don’t. The Chinese companies that manufactured this toxic drywall will probably just ignore the problem and continue to find more products to ship to America. I do not favor government to solve all our problems, but I do hope our leaders can show compassion and a willingness to help so many unsuspecting and innocent victims.