by modern_home » Mon Jun 22, 2009 08:33 pm
I won a $40,000 judgment and foreclosed on a property. 2 days before Sheriff sale the house burned down. My attorney sent a letter for payment and it's been 45 days and still nothing. What can I do to speed the process up? Insurance has to pay me first right? I was in 1st position but not named as loss payee. Is there a limit in Indiana that it has to be paid? Thank you
Posted: Tue Jun 23, 2009 10:54 am Post Subject:
Hi modern_home..
What can I do to speed the process up?
Did your attorney tell you about the steps that he's gonna follow now?
Did he attach any document referring to the judgment while forwarding the letter of payment?
Steven
Posted: Tue Jun 23, 2009 01:20 pm Post Subject:
Here is the letter that was sent:
Please be advised that I represent Mr. Michael H. M****, who holds a first mortgage lien on a residence insured by your company. Your insured is Danny M*** and J*** M***
The property was set for Sheriff Sale on May 20, 2009. It is my understanding that during the evening hours of May 18, 2009, the property was destroyed by fire.
Sheriff sale was held as scheduled, and my client is the record title holder.
We are making demand upon your company for payment of his claim of $41,657.79, plus cost of debris removal.
The foreclosure action was filed on December 10, 2008, and Mr. and Mrs. M**** were notified of this by Sheriff Service. They were also notified of the date of the Sheriff sale by Sheriff Service and through published notification in the local newspaper.
Please advise if you need any additional information regarding this claim, as we would expect this to be concluded promptly.
Thank you.
Very truly yours
The above letter was sent along with a recorded copy of the judgment and mortgage along with other court documents where all other liens were extinguished because my 2nd mortgage was not paid when they refinanced so it put me in 1st position. They are telling me there is an ongoing investigation and the claim is open. My question to them is, regardless of their outcome of the investigation wouldn't they still have to pay the mortgage? Also, why should I have to wait just because the homeowners are taking forever to get their stuff turned in to the adjuster? Everything they needed from me was sent in within 3 days of the fire and that was 36 days ago.
Posted: Wed Jun 24, 2009 06:27 am Post Subject:
I'm confused.... I'm I understanding that this was some type of foreclosure or forced sale of some type and right when it was going up for sale, it burned to the ground?
If so, you want to know why the insurance company is investigating the loss and not paying the claim yet?
Posted: Wed Jun 24, 2009 07:17 am Post Subject:
Hi Michael..
I do empathize with you. I'm just wondering as to how long it might actually take them to resolve this issue.
They are telling me there is an ongoing investigation and the claim is open.
Did they tell you anything about what they're suspecting?
Or did they mention any document that they'd need in order to pay for the mortgage?
Steven
Add your comment