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Lee Nudelman's Dying Report

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Lee Nudelman was deposed on December 21, 2016. Below is a summary of his testimony.

Mr. Nudelman is 41 years old. He lives at the subject property with his wife, Lia, and his two sons who are 13 and 16 years old. He is employed by Travis County as a paramedic. He holds an associate’s degree from the University of Texas. He is well spoken and will make a favorable witness for himself at trial.

He and his wife purchased the subject property in 2005 for $206,000.00. The house is 2,250 square feet. They have refinanced their mortgage twice since the purchase. He was unsure whether the most recent refinancing occurred before or after he became aware of the problem in his backyard relating to the subject retention pond. In 2015, he …show more content…

Mr. Nudelman testified that he first became aware of water seeping through the ground in his back yard on October 13, 2013. The day of the weather event, he was at work. His wife called him that day and told him that water had penetrated into their master bedroom. He works high water rescue situations for the County and was working that day. He testified that unusually heavy rains occurred during the October 2013 timeframe. When he returned home on October 13, 2013, he noticed the water coming out of the ground in parts of his backyard. He has noticed this occurrence between 5-6 times since that date. He has identified approximately 6 areas in his backyard where the water originates from. The water in his master bedroom on October 13, 2013 caused damage to his carpet, but nothing else. He removed the carpet, matting, tack boards and trim. He did not incur any expense for the removal of these items. To date, the flooring in the master bedroom has not been repaired. He testified that he has not repaired the flooring because he does not have the money and because he was advised not to by his counsel. The only other time water has entered into his bedroom was during a rain that occurred at the end of October 2013. This occurrence did not damage any property since the floors at that time was only concrete. These two October 2013 incidents are the only occasions where …show more content…

There, he also obtained his real estate license in 2003, and moonlighted as a real estate agent until 2006 to supplement his income. He has never listed or sold a home in the Austin, Texas area. He did not pursue his real estate career after he moved to Austin. Based on his experience in real estate, he believes the market value of his home without taking into account the flooding problem is $390,000.00. He believes the opinion of his own expert (Ellington) that the market value of the property (without adjustment for the flood problems) of $360,00.00 is incorrect. He believes his expert did not take into account the fact that his property is located in a favorable school zone, is not subject to HOA restrictions, is located in a cul-de-sac, has a new metal roof installed, has a recent HVAC system installed, and has an upgraded kitchen and bathroom. The properties his expert used to appraise the value of his property do not contain these features. He does agree with his expert on the approximate percentage of devaluation to the property as a result of the existence of the flooding

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