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Author Topic: The I-Am-Not-A-Lawyer thread  (Read 1052 times)

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Kuildeous

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The I-Am-Not-A-Lawyer thread
« on: June 22, 2015, 09:34:17 am »
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The name of the topic is a little ironic considering some of the forum members, but I stick by the title. It might be a good place for someone to unload some thoughts and see what others think. The caveat of course is that nothing here is legally binding when advice is given, even if given by a lawyer.

My own IANAL plea is asking about GoFundMe.com. I have a friend who is in financial dire straits. Recent rains have undermined his house's foundation and caused some serious engineering problems. It is one reason why I will not buy a house overlooking a creek. So far the estimate is looking to be $92k. His insurance won't cover it, citing something about how it was just normal erosion or some such. He'll send me the official paperwork to look over. All I know is that he has consulted a lawyer and was told that it'll be nigh impossible to get the insurance to pay. This seems to imply some fault with the original appraiser, but I leave that to him and his lawyer to work out.

I'd like to start up a GoFundMe campaign. I've seen it used successfully for a friend of mine who had a lot of out-of-pocket expenses with his sudden open-heart surgery. I'd like to know about how people have used it and what sort of expectations to put on such a campaign.

Ideally, I'd love to raise the $92k it would take to fix the house. That is very unlikely, and even a partial amount would not be enough to fix the house (if I raise $10k, he still wouldn't be able to raise the $82k to fix it). So I would like a secondary outcome, which is to pay his fees for whichever option he has to undergo. I know short-selling the house might be an option. He might be looking at possible foreclosure. This is something else that he and his lawyer will have to work out in terms of the best course of action.

So how should I frame this GoFundMe campaign? Start off with trying to raise money for the fix with the stipulation that if the money cannot be raised, then it would be used instead to offset his legal fees and penalties with the bank? Or maybe I should just frame it as a cushion for the inevitable loss he has to take in the house with a dream goal of $92k that would spare him the need to foreclose/short-sell? I really feel out of my depth here.
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SwitchedFromStarcraft

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Re: The I-Am-Not-A-Lawyer thread
« Reply #1 on: June 22, 2015, 10:27:45 pm »
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Kuildeous

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Re: The I-Am-Not-A-Lawyer thread
« Reply #2 on: June 26, 2015, 12:28:02 am »
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Well, no responses to my GoFundMe question, but it was pretty vague.

I have something specific now. If anyone would be willing to look over my verbiage and let me know if you see anything that may need clarification or fixing, I'd really appreciate it. I'm also running it by my friend to ensure that what I posted is accurate.

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My friend of nearly 30 years, Robert, purchased a house 7 years ago in northern Kansas City. It was his first house purchase, and it was the house where he married his wife, Mandy.

Recent heavy rains have saturated the ground under his house causing it to shift dangerously. Part of the patio has already fallen into the nearby creek, and the rest of the house is already sloping in that direction. This has made the house a dangerous place to live and is practically unsalable.

The initial estimate from a foundation repairman has come in at $97,500. What's worse is that the insurance claim has been rejected. Robert took the matter with an insurance lawyer to fight the rejection. The lawyer responded with:
'In our experience, insurance companies rarely compensate homeowners for "natural causes" or for the "settling of the foundation." Here, it appears the damage is twofold. It seems that the damage was caused in part by the foundation of your home naturally settling and also in part because of excess rain and water runoff.'

When a lawyer whose job it is to ensure that insurance companies pay their due feels that this case is unwinnable, then that says something.


Robert and Mandy are reviewing their options. Their funds currently will not cover the repairs, and the value of the house may not even make the repairs worthwhile. A cheaper option may be to short-sell the house, which is a financial burden as well.

My goal here is to soften the blow for Robert and Mandy. They're good people who are victims of circumstance. The perfect solution would be to raise money for the repairs so that they can stay in the house they've come to love over the past 7 years. Realistically, I just want them to not worry too terribly much about the dent in their financial situation regardless of the actions they take.


Owning a house can be such a gamble. Even though I have problems with my own home, I cannot imagine coming home to a house that close to destruction. I applaud Robert and Mandy for their bravery during these difficult times, and I hope to alleviate some of their stress while figuring out their financial future.
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