I am interested in purchasing a property that had mold damage, but in this case it was remediated by the bank who owned it (REO property). If an independent certified mold specialist inspects and gives a clean bill of health and claims the property to be free of mold, would the bank be liable legally (I live in IL) if the mold returns within 90-120 days?
Because mold is tricky, is there a real possibility that it will return after a remediation?
Do remediated properties pose a problem for securing an FHA loan?
Although I'm not a mold scientist, I agree with the re-mediators. Mold is spread by spores through air (this includes ductwork).
It needs moisture to thrive and when it has enough moisture, may thrive to the point of creating a problem. Newer construction homes are built with drywall and fast growth lumber. This affects the homes capacity to adequately buffer moisture. Older homes can buffer moisture because they are typically old growth lumber and built with plaster walls instead of drywall. This is further complicated by the fact that new homes are so well air sealed, that moisture once in the structure, has a difficult time evaporating out. This creates a great climate for mold. Proper construction methods minimize the amount of moisture a new home will be exposed to, so a high quality home inspection is your best way to get a handle on how well the home was built (i.e. proper siding installation, proper window capping, proper roof and gutter install, etc.). If the home is no longer taking in significant moisture, and the re-mediators have done a thorough job removing the mold that had formed, you should be in great shape, but again, check on the re-mediators credentials and insurance.
If indoor air quality is a concern, you can take some common sense measures to make the air "cleaner."
1. Make sure kitchens, bath rooms, laundry rooms are vented for moisture. Ideally, exhaust fans that operate on timers for a period after the occupant is gone is a good way to enhance active moisture removal from the interior.
2. Consider an HRV (Heat Return Ventilator). This system ties into the existing duct-work and will exchange inside air for fresh outside air, while reclaiming the heat. These systems can also be tied into the exhaust systems for bathrooms and kitchens. They are less expensive than they sound and are a great way to have a air sealed house while making sure a supply of fresh air is abundant.
3. Filtration Systems. You can have a variety of filters put into most HVAC systems, from enhanced filters that remove particulate matter to full blown UV sterilizers. This is another way to "clean" the interior air.
Most importantly, ask if the duct-work was cleaned by the re-mediator after the mold was removed. At a minimum, this will help remove spores in the duct-work.
Best of Luck,
Wayne Beals
Realtor
Keller Williams Chicago Consulting Group
312-77BEALS
312-772-3257
wbeals@kw.com
THANK YOU all for your responses.
A couple of points of clarification. Before the sale, the mold will be remediated. The bank hired a company to remediate. If I decide to purchase, upon inspection I would walk away if mold is found by an independent mold specialist. The mold was caused due to water backup in the basement from rain while the home was vacant going through the foreclosure process. Also the home is fairly new (2006), foreclosed in 2009 very good deal. So at this point, mold does not seem severe as it was concentrated to one section of the basement where dry wall was removed. The basement was in process of being remodeled with a small section with dry wall / bath / carpet. All carpet, dry wall and lumber being removed / remediated from that section.
So my apprehension is whether something is overlooked and it returns or if the remediators only treated the mold (i.e. cleanup) and not addressed the source of the problem causing the mold. I've talked to remediators and they all seem to indicate that removing the "moisture" issues effectively treat the reoccurrence of mold.
FHA is going to have a problem with Mold!
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If it had "severe" mold problems it usually costs more to fix than to replace. The mold can actually get into the 2x4 or 2x6 the house is built of. Once in the wood it is difficult to ever kill completely. The real question is years from now when you want to sell this; do you want to try to sell a house that has to disclose mold problems to the next buyer? This has been a concern for you already. Do not forget that it will also be a concern for anyone you may wish to sell to.
Any time you buy a property with a known issue it will remain a known issue to future buyers also. I would think it better to buy a property without such potential downfalls.
p.s. insurance on this kind of property could be difficult or even impossible to get. Be sure to check on that aspect first. And then what happens if the mold returns when you own it? Can you afford to fix it a second or third time?
Who's "certifying" that the mold is gone?
Why would the bank be liable then?
I doubt the bank will be liable. By having a certified mold specialist remediate and disclosing that there was a mold problem, they're likely passing the buck to the mold remediation company. Besides, when you buy an REO there are stacks of addenda that protect the Bank from almost everything. You should find out if the Mold Remediation Contractor carries insurance for their work and how long after the work was completed will the insurance will cover the work.
Remember that Mold is not typically the problem, but a symptom of the problem. Because it has tested clean now is not an indication of whether or not it will return. The source of the moisture which allowed the mold to form in the first place is of greater concern. If this hasn't been addressed, it's virtually guaranteed the mold will return.
Have your attorney examine any guarantees, if any, that the bank and contractor are giving. Also ask if the source of the moisture has been addressed.
Best of Luck
Wayne Beals
Keller Williams Chicago Consulting Group
312-77BEALS
312-772-3257
wbeals@kw.com
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