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

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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

Answers:

Robert Johnston / Law Office of Robert J. Johnston Attorney

Answered 9 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


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