If I sent a package through an express delivery service to my mortgagee and it contained loan modification papers but was lost so my modification was denied, can I sue the delivery service?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I sent a package through an express delivery service to my mortgagee and it contained loan modification papers but was lost so my modification was denied, can I sue the delivery service?

Asked on May 4, 2015 under Business Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you cannot--or rather, you could technically sue for the value of the *paper* (a few cents, or a dollar or two, presumably) but not for the loss of your modification:

1) Foreseeability: it is not foreseeable that a lost package would impose such a large "penalty" on you (remember: the delivery service does not know what the package is, or what happens if lost), and without foreseeability, you cannot establish the necessary duty.

2) Causation: you can't necessarily prove that the delay in or loss of the package was the reason you didn't get the modification--you could have been turned down for numerous other reasons.

3) Contributory negligence: you have a duty to take reasonable care to avoid losses. In this case, that means following up when the package was due to arrive and, if it had not, re-sending the papers some other way.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption