Re: Liability for fatal stroke triggered by erroneous foreclosure notice by mort

You have an excellent case against GMAC, as long as you can overcome 2 factual hurdles which would be needed to prove liability.

1. You will need to have a doctor who is willing to testify that these events caused or were a major contributing factor to your mother's stroke. It need not be a doctor who treated her, but that would be helpful. Was she being treated by a doctor on a regular basis already? Did she see any doctor during these events who would remember or have documented her complaints?

2. Do you have notes on the conversations, i.e. who said what to her and when did they say it?

You need both of these to proive "causation," that is, did the events surrounding her stroke cause the stroke so as to hold GMAC liable?

You should IMMEDIATELY contacta personal injury attorney so as to preserve as much evidence as possible. If you are located in the SF Bay area, I'd be happy to speak with you. Call me at (408) 295-8282.

Re: Liability for fatal stroke triggered by erroneous foreclosure notice by mort

First . . . Let me extend my sincere sympathies to you for the loss of your mother . . . My mother is in her 80s and such a situation as yours would be devastating both to me and my family.

Second . . . You need to contact an attorney quickly as there is a statute of limitations issue which will prevent you from ever making any recovery . . . Most personal injury and wrongful death issues are governed by a one (1) year statute of limitations in California . . . In other words, if you do not settle your claims you must file a formal complaint in court, generally, on or before one (1) year from the date of loss or you will forever be precluded from making any claims.

The one year may begin to run on August 20, 2000, or it may already have run depending on the facts which need to be thoroughly reviewed.

My practice extends throughout California . . . If I can be of any assistance, please feel free to contact me by email or telephone (619) 234-8199. Whatever you do, I urge you to contact counsel immediately . . . Good luck to you . . . Patty Lewis.

Re: Liability for fatal stroke triggered by erroneous foreclosure notice by mort

Do you have the original check of the final payment? If you have a cancelled check that would show that the continued pressure etc... could be a cause of your mother's stress. Have you documented the contacts? Do you have the name(s) of the GMAC employees? Have they ever started foreclosure proceedings? I need a lot more information. I practice in California and Indiana.