CanI sue my mortgage company ifit wassupposed to pay my homeowners insurance but failed to?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
CanI sue my mortgage company ifit wassupposed to pay my homeowners insurance but failed to?
I tried to file a claim. I contacted my mortgage company and they couldn’t tell me why they didn’t pay for my homeowners insurance.
Asked on March 7, 2012 under Real Estate Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If there was some agreement in place that the mortgage company would pay homeowner's, you complied with all your obligations (e.g. paid whatever you were supposed to), but the company breached its obligations, then you may be able to sue them. Of course, you can only sue for actual losses or costs, so as to recover, for example, amounts you paid which should have gone to premiums but did not; any costs or losses which should have been covered by homeowners, but were not because the mortgage company didn't pay for the insurance; etc. To the extent you did not suffer any losses, there's no point in suing for damages, since the law only provides compensation for actual losses; you could, however, sue for a court order either requiring the mortgage company to make the payments, or allowing you to make them directly if you'd prefer.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.