QUESTION
Bank of America improperly locked up and winterized property, resulting in damage and my brother’s suicide, can I sue?
Asked on Dec 06th, 2012 on Foreclosures - Michigan
More details to this question:
I lived in a house with my brother that my mother owned. She passed away in 2008. My brother and I were away and bank of America while house was in pre-foreclosure locked up property and dewinterized it the wrong way in 2010. When we got back, Bank of America wouldn't let us back into property and caused $12,000 in plumbing damage to house. My brother knowing that the bank took the house entered into it and committed suicide. Once I was able to get the executor documents to the bank, they let me back in, but it was too late by then. I owe them $300k on house and property is worth $350k. Can I sue them or settle out of court for them to leave the house alone.
10 ANSWERS
Civil Litigation Attorney serving Federal Way, WA
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Stasch Law LLC
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There is no simple answer to your question. You should contact a lawyer. Your description raises lots of questions.
Answered on Apr 24th, 2013 at 2:33 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You haven't said anything that I see that indicates the ban k did anything other than what they had a right to do. See a lawyer if you think you have a case. I don't care for that bank myself. I don't like the way they conduct business but I don't see anything here.
Answered on Apr 24th, 2013 at 2:28 AM
Business Litigation Attorney serving Orange, CA
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Law Offices of Frank Granato
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You may have an uphill battle. See an attorney right away.
Answered on Dec 09th, 2012 at 7:27 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can probably sue them for the property damage. I think it might be difficult holding them liable for your brother's death. Whether you can settle for them leaving the house alone depends on whether they perceive their potential liability to be greater than what they would get out of the house in foreclosure. It is certainly a settlement offer you could make.
Answered on Dec 07th, 2012 at 1:03 PM
Daniel P. Mitchell
No. The bank has a security interest in the property represented by their $300,000 mortgage. While the bank may be liable for any damage caused by improperly winterizing the house, that will not negate their security interest, and at most, it would constitute a set off against the debt. I can see no way that they would be found responsible for your brother's suicide.
Answered on Dec 07th, 2012 at 1:02 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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They caused $12,000 in plumbing damage, but they probably had the house insured, so the damage is covered. Either that, or whoever they hired to close up the house is liable for the damage. You still owe them $300k. Your brother's suicide is beyond anything B of A did.
Answered on Dec 07th, 2012 at 1:02 PM
Thomas Edward Gates
Not likely.
Answered on Dec 07th, 2012 at 2:12 AM
1 Award
You really should meet with a good lawyer in your area. But trying to hold a bank liable for a suicide will be very difficult.
Answered on Dec 07th, 2012 at 1:58 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Too many issues for this forum, you need to see an attorney for a number of reasons/ I cannot give you a definitive answer without a lot more details.
Answered on Dec 07th, 2012 at 1:50 AM
Ronald A. Steinberg
I am not convinced that you have standing to sue. You may need to consult with a probate attorney. If the house was vacant for more than a month or so, the bank was entitled to protect its equity. If they did it wrong, that may be a difference of opinion. As I said, you need to consult with a probate attorney.
Answered on Dec 07th, 2012 at 1:49 AM