Legal Question in Civil Litigation in Alabama

negligence

If I was promised by my mortgage Co. they were mailing the check out overnight to my insurance carrier and did not do so? they allowed my insurance to collapse and I found out after my house was broken into. Did they owe me a duty to call me and tell me they did not send my payment because I did not have an escrow account? Can I possibly get promissory estopple?


Asked on 10/15/07, 12:56 am

1 Answer from Attorneys
Rhonda Hood Hood & Lay, LLC

Re: negligence

If your mortgage company was responsible for paying your homeowner's insurance but failed to do so without justification, you have a common law claim against them for nelgigence and fraud, for the misrepresentation. Your remedies may be limited by your contract with the mortgage company and your ability to proceed with a civil suit is probably limited by an arbitration clause in the contract.

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Answered on 10/15/07, 10:09 am


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