Can I pursue the bank holding the note on a foreclosed property for purposes of injury liability?

UPDATED: Mar 29, 2012

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Can I pursue the bank holding the note on a foreclosed property for purposes of injury liability?

I was injured (his dog bit me, unprovoked) while visiting a friend who’s house is in foreclosure. He is unemployed, insolvent and his homeowners’ policy lapsed several years ago. What recourse might I have by pursuing the bank that holds the mortgage note (and/or it’s insurer)? I was hospitalized for 4 days and am going have some high medical bills as a result of this but I have read that most banks only carry property damage insurance under the typical blanket mortgage insurance policy.

Asked on March 29, 2012 under Personal Injury, Florida


Robert Johnston / Law Office of Robert J. Johnston Attorney

Answered 10 years ago | Contributor

The bank would be what is called a "First Lien Holder." Meaning they have the right to be paid first what is owed to them. Creditor claims would have to come second. You'll need to consult with an attorney in your state and you'll need to check into the specifics of the mortgage, how much is owed versus how much the bank with recover. You'll also need to check if what you want to do is even legally possible. I can't tell from the limited amount of information if it is. Good luck

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 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.

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