Home next door in foreclousure

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 23, 2012

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Insurance Question from Davenport, FL

Asked on 07/23/2012

Home next door in foreclousure The home next door is in foreclosure and Wellsfargo holds the note.The tree in the yard fell on a calm, sunny day and damaged my house,truck and boat . I've been four weeks on the phone with all kinds of Wellsfargo department and no one will take responsibility. Thanks,Bill

Answer given on July 24, 2012

If a tree fell on your home and auto you may have to file a claim with your insurance company for the damage to the truck, boat and home. Then your insurance company can investigate and try to get reimbursement from the bank of the foreclosed home or the insurance company that they may have for the home.You may not succeed in reimbursement, unless there is evidence that the tree was sick or improperly maintained, thus causing the damage. It could be considered an act of nature and that there was no negligence involved with the property owner. Even though the tree fell on a sunny day, there needs to be evidence that someone knew the tree was sick or unkept. If you had complained before the incident then you would have standing for claiming it was not maintained. If you are unsuccessful then you will be out your deductibles for the damages to your property, but the insurance rates should not be affected by these claims.

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