Mold, Money, Misery

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Mold, Money, Misery

Home's leaky roof drains savings, leads to legal fight, looming

foreclosure

The Oakland Press*

By KAREN AUCHTERLONIE

Of The Oakland Press

http://www.theoaklandpress.com/stories/092108/loc_20080921448.shtml

A three-year ordeal that began with a simple roof replacement has

left Orion Township residents Jill and Earl Lackie wondering if

their life will ever get back to normal.

" I've worked very hard to have a nice home and I've always been very

proud of it, " said Jill, the warranty division manager for

Chrysler. " I just can't believe I'm foreclosing. "

The Lackies replaced the 13-year-old roof on their 2,400-square-foot

home in 2005 for routine maintenance purposes and to protect the

value of their home, she said.

" It leaked within 60 days, " Jill said.

Since then, Jill has spent her life savings trying to hold the

roofing company accountable. Thousands of dollars have gone to

paying inspectors to document the problems with her roof and to pay

attorney's and legal fees.

The worst part may be that her life savings -- about $40,000 -- was

earmarked to help pay for a lung transplant she'll one day need.

Jill was diagnosed with Lymphangioleiomyomatosis, or LAM, in 2003.

The degenerative disease affects only women and just 4,000 in the

nation have been diagnosed. It causes cysts to develop in the lungs,

slowly decreasing lung capacity until the point a transplant is

needed.

" I always thought it would be medical expenses that would destroy

me, but it's a roofing company that destroyed me, " Jill said.

Mold and a mortgage

The Lackies hired Lake Orion Roofing, a 25-year-old company based in

Orion Township, to replace the roof on her home for a cost of

$13,646.

The company subcontracted the job to Leon Duane Marks of Snover,

Mich., the owner of As My Own Home Improvement.

" I sent (Lake Orion Roofing) a certified letter regarding the 11

leaks, " Jill said. " They sold me $1,700 in insulation, telling me I

had a condensation problem. "

She now regrets waiting a year before filing a lawsuit against them.

" I allowed them to placate me, ensuring me everything would be

addressed and in the end, they essentially just walked away, " Jill

said. " (I was) entirely too patient as a consumer. I should have

sued them immediately, but I don't like litigation. "

Over time, mold began growing in the Lackies' home. Both she and her

husband were tested for mold antibodies in their system and both

results came back positive.

" Regardless of whether (Jill's lung) problem existed before, the

things we found in the home can cause reactions in even healthy

individuals, but people who have other underlying illnesses are so

much more susceptible, " said Connie Morbach of Sanit-Air, who

investigated the home for evidence of mold.

Who's to blame?

According to Morbach, the house provides proof of who to blame.

" If this was something that was going on for years and years, it

would have rotted out the building materials, " Morbach said.

She noted that while most of the leaks to the home were corrected,

some weren't and the problems caused by the leaks -- namely mold --

weren't corrected either.

" Currently, there's water coming in at the base of a bedroom floor

where the roof to the sunroom intersects with the main part of the

back of the house. It is leaking behind the flashing and going into

the house, and there appears to still be some leaking around the

skylights in the sunroom also, " Morbach said.

The attorney for Lake Orion Roofing, of Secrest

Wardle, said the company has a valid defense to every claim made by

the Lackies. Further, he questions the credibility of the inspectors

the Lackies' will use in their case.

" I've been down this road before. I know what the science is, I know

what the judges have done with these claims and the attempts to

connect cause and effect, " said. " We will be in a position

to make a specific challenge to the competency of the opinion and

the capacity of the expert who rendered the opinions. "

hasn't received the inspection reports from the Lackies

yet, but will arrange for more inspections of the home when he does.

" (The case) is basically contending that we did not properly perform

a service when we did roofing work at her home, " said. " It

is our absolute position, that will be supported by independent

consultants and witnesses, that none of that is true and any problem

with the property is attributable to other factors and has since

been resolved. "

The Lackies and Lake Orion Roofing will be meeting before the end of

September to try and settle the case before it gets to court.

" My personal perspective is that it's a shame things get to this

point in terms of the relationship with a customer, and to the point

now that it becomes something subject to media attention, "

said.

" This is a good company with good people who do a lot of good

things, " like volunteer work and even giving free roofing services

to the township's senior center, said.

'A losing proposition'

In November last year, Jill was put on oxygen to help her cope with

her disease.

" We moved into the garage on May 6, and we left the house in early

June, " Jill said. " My physician ordered us out. He said, 'Evacuate

immediately from your home,' and that's when he put me on a medical

leave of absence from work. "

Since then, the couple has stayed with family members. They are

currently split up -- Jill and her cats are staying with her sister

while Earl stays with his brother, who is allergic to cats.

" Quite frankly, I've lost my home, " Jill said. " I'd have to be

awarded more than $260,000 to pay the balance of my mortgage and we

know that's not going to happen. "

Infested with mold, it's unlikely the house will sell. It's even

more unlikely because, as in the case of many homeowners, the

Lackies purchased it when home values were much higher than they are

now and they owe more than they'd be able to sell the house for if

it were in good condition.

Her mortgage company has agreed to not take action toward

foreclosure for a period of six months ending in February, but it

probably won't prevent the Lackies from foreclosing.

" The problem for Jill and her husband is the insurance -- there is

insurance coverage for Lake Orion Roofing, however it's not that

much. I'd say it's a fraction of their damages, " said attorney

Kennedy, who is representing the Lackies.

Lake Orion Roofing is insured for $50,000 and Kennedy doesn't think

the Lackies will be able to get more money from the company.

" They are a construction company in southeastern Michigan and right

now times are pretty tough, " Kennedy said. " So that is really the

dilemma that Jill and Earl are facing; their life has really been

destroyed and I don't think there's going to be enough money to make

them whole again. "

The Lackies are looking forward to trying to settle the case but

don't have high hopes.

" We're not going to be doing cartwheels over $50,000. It doesn't

even scratch the surface -- the damages to our house, relocation,

inspections and legal fees. It's a losing proposition at this point

regardless where we go, " Jill said.

She added, " We're kind of scattered to the wind at the moment and

we're ready to get back under one roof. "

Contact staff writer Auchterlonie at (248) 745-4643 or

karen@....