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Man In Fight With Builder Over Shifting Soil

    Created: 6/25/2007 10:17:26 PM    Updated: 6/26/2007 2:29:34 PM
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KUSA-TV Video Report

By KUSA-TV Denver

AURORA, CO -- A disabled military veteran says he is stuck. He wants to move for medical reasons, but he cannot sell his home because of serious problems with expansive soils. Ed Mondragon's home is near C-470 and Jewell in the new Murphy Creek development. He is surrounded by homes, all under major repair.

"As you can see for yourself, it looks like a war zone out here," said Mondragon. "This community has just fallen into the ground."

Many of the neighbors have moved out while the builder secures foundations and fixes structural damage believed to be caused by shifting soil.

Mondragon is still there. He says while Centex Homes is making repairs for his neighbors, the company has not been willing to fix his foundation because it believes the damage is not great enough. The company says he only has some small cracks in the basement.

Mondragon says the cracks became a bigger problem recently when he and his wife, Renee, called their Realtor.

"When they asked me to come out and list their home, there's no way a buyer in their right mind is going to come out and buy this home. Why would they? There's so much else on the market," said Ben Fiedler with Re/Max of Cherry Creek.

Mondragon is stuck in Colorado trying to sell the home and waiting for a kidney transplant. His wife is already working in Texas, where they had planned to move.

"(We were) looking for a lower elevation where I would be more comfortable. Where I could enjoy my last remaining days on earth in comfort and peace," he said. "We don't know what the future holds for us, but I just wish it wasn't here."

Mondragon wants Centex Homes to buy the home back from him, but they have not offered to do that.

A company spokesperson says about 30 of its homes in Murphy Creek are affected. Centex says soil testing was done before the homes were built, but would not comment on it further because of pending litigation.

A statement from Centex says: "We believe in doing what's right to stand behind our work. That means repairing these homes properly, paying for their temporary housing, covering their mortgages during the repair process and even paying for meals, according to each specific circumstance."

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