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Posted: 4/16/2024 9:49:11 AM EDT
[#1]
Quote HistoryQuoted: In before the insurance company says, "that's not hail."  On a serious note, I'd want to be damn sure there was hail damage to the roof if that's what's driving your legal efforts. Hailstorm doesn't automatically equal shingle damage. Bingo.... I'm willing to bet 75% of the roof tops that get replaced not only do not have any damage from hail but also whatever "damage" that can be seen is more wear and tear than damage. True damage to a shingle constitutes that shingle being unable to shed water and for that to happen that shingle needs to be punctured (or severely bruised). |
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Posted: 4/16/2024 9:50:25 AM EDT
[#2]
Quote HistoryQuoted: This is a game you are not proficient at. You need professional help. Quit talking to them and hire an attorney now. Pretty much this. At least your home didn't burn to the ground ?? Bigger_Hammer 
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Posted: 4/16/2024 9:55:55 AM EDT
[#3]
Quote HistoryQuoted: This is a game you are not proficient at. You need professional help. Quit talking to them and hire an attorney now. This. OP, don't try to gather info, or anything. Nothing you can do will help the situation. |
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Posted: 4/16/2024 9:56:18 AM EDT
[#4]
There are times when you need a real lawyer
This is one of those times. They will likely go after the mortgage company for your legal bills unless there is an arbitration clause. |
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Posted: 4/16/2024 9:57:31 AM EDT
[#5]
Quote HistoryQuoted: This is a game you are not proficient at. You need professional help. Quit talking to them and hire an attorney now. Yes, OP. I paid off a loan several years ago The lien was supposed to be discharged. I never got the paperwork. I called but the bank had changed ownership twice. BOA now owned it. They pleaded, "I know nothing!" We went round and round. I finally got a lawyer who was very familiar with their tactics. He sent a letter and informed BOA they were violating MI law by failing to discharge the lien. He asked a simple question, "Who wants to go to jail?" Suddenly, my lien was discharged and I could sell my home. Get a lawyer, For me, it cost $800 but I made $80,000. That was a bargain deal. |
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Posted: 4/16/2024 10:00:12 AM EDT
[#6]
I have never heard of a mortgage company not automatically creating a policy for insurance when your carrier does not communicate or show their is a policy that requires payment. They want their asset insured and will have a clause in your contract saying that it must be insured by you or they will find a policy for you.
Do you not receive any communications from your insurance company? I receive them from Allstate for the policies and even the ones paid by a mortgage co. |
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Posted: 4/16/2024 10:00:48 AM EDT
[#7]
Quote HistoryQuoted: That really sucks OP, I'm sorry. And I'm not trying to be edgy or shitty to you, but you should have received in the mail from AAA a past-due billing notice notifying you the payment was not received as well as a final cancellation notice.... Quote HistoryQuoted: That really sucks OP, I'm sorry. And I'm not trying to be edgy or shitty to you, but you should have received in the mail from AAA a past-due billing notice notifying you the payment was not received as well as a final cancellation notice.... Per the OP... Quoted: ...Ten minutes later the adjuster calls and tells me the policy for 125.... Was cancelled in January due to non payment. I said, 125 is our old house that we sold and closed on last summer, so it shouldn't have had any payment expected in January. She replied, oh, they put the claim in under the wrong address. Perhaps the required past-due and cancellation notices were sent to the wrong address.  OP, this really sucks and I'm sorry you are having to deal with this. |
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Posted: 4/16/2024 10:03:41 AM EDT
[#8]
You’re dealing with retards and should have know better to ensure everything was in good order.
I switch insurance companies last week. Guess what I’m doing today? |
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Posted: 4/16/2024 10:04:24 AM EDT
[#9]
Mortgage company and your insurance agent both suck. Lawyer.
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Posted: 4/16/2024 10:05:17 AM EDT
[#10]
Quote HistoryQuoted: This is exactly why we pay our own property taxes and homeowners insurance. No escrow. We have been burned before, by Countrywide, on our first house. We were noobs. Never again. We pay the mortgage company their due, plus extra towards principal, and nothing more. Have done this for the last 3 homes. If you maintain your credit rating, no mortgage company will deny your option to do this. Never had to do PMI either. I got escrow burnt twice. Once by Countrywide, once by 1st Community. Countrywide neglected to pay my county taxes. County sent me a nastygram when they were a month overdue, Countrywide claimed they authorized the payment, but it bounced for 'reasons', and they would have notified me in a month or two. 1st Community neglected to pay my insurance. Insurance company (Travelers) contacted me, I paid them direct and went after 1st Community. I recovered what I paid direct when I refinanced and the escrow transferred, but getting them to relinquish the escrow was a bit of a battle for my new noteholder. FWIW, none of the mortgage companies I've used in the past two decades have had options for no escrow. |
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Posted: 4/16/2024 10:07:25 AM EDT
[#11]
PHH bought one of my loans. Luckily all of my properties and vehicles are insured under the same company, so I would get a bunch of notices that there was no payment made.
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Posted: 4/16/2024 10:09:46 AM EDT
[#12]
You could have been enjoying made up add on fees from Wells Fargo for things they did not do. Or it could have taken them over 60 days to verify you paid off your loan .
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Posted: 4/16/2024 10:13:06 AM EDT
[#13]
Today is a good day to file a complaint with your state banking regulators . They take those serious . Enough complaints will force them out of the state.
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Posted: 4/16/2024 10:13:34 AM EDT
[#14]
Today is a good day to file a complaint with your state banking regulators . They take those serious . Enough complaints will force them out of the state.
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Posted: 4/16/2024 10:17:33 AM EDT
[#15]
Quote HistoryQuoted: This is a game you are not proficient at. You need professional help. Quit talking to them and hire an attorney now. |
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Posted: 4/16/2024 10:23:07 AM EDT
[#16]
Pics of 'hail damaged' roof
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Posted: 4/16/2024 10:24:58 AM EDT
[#17]
You paid them to pay your homeowner's insurance.
Sue them. |
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Posted: 4/16/2024 10:30:43 AM EDT
[#18]
This is very rare for two reasons: 1. It is against the bank's interest un the property and 2: they are paying with your money not theirs.
I have the opposite situation: my lender freaks out every time a policy ends and they have not gotten a renewal letter from my agent yet. Usually they just crossed in the mail. |
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Posted: 4/16/2024 10:31:38 AM EDT
[#19]
OP, take a deep breath. I think you’re going to be fine. Get a lawyer and you’ll be set.
I know of a guy who bought a new motorhome, called his insurance agent on his cell phone while driving it home to add it to his policy. A few months later, he was killed while driving the RV. Policy had never been added so family sued based on cell records. The agents liability policy paid out big time. You have a much stronger case than this. |
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Posted: 4/16/2024 10:33:24 AM EDT
[#20]
Sue the mortgage company for breach of contract with incurring expenses?
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Posted: 4/16/2024 10:38:54 AM EDT
[#21]
I feel like PHH is at fault.
I’d reach out to your state regulatory board. That sucks OP. Good luck. |
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Posted: 4/16/2024 10:41:20 AM EDT
[#22]
Quote HistoryQuoted: State Insurance Commission is where I would start. Also shit like this is why I maintain a friendship with the local news anchor I met doing charity work years ago It's amazing how fast shit gets fixed when a email.or phone call from the local.news station gets made . |
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Posted: 4/16/2024 10:45:49 AM EDT
[#23]
Quote HistoryQuoted: This is a game you are not proficient at. You need professional help. Quit talking to them and hire an attorney now.  Attached File |
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Posted: 4/16/2024 10:46:03 AM EDT
[#24]
Quote HistoryQuoted: Maybe I'm stupid but why do people use escrow? I just pay for taxes and insurance myself like any other bill. I pay my taxes myself to make sure the county doesn't steal my home and insurance so I don't end up in this boat. The mortgage company pushed hard to get us to use escrow but I just said no or I'm going somewhere else and that was it. This. Plus a pro tip ~ Don’t use a Bank or Loan/Mortgage company that you can’t walk through their door and talk to a person. You are bending over and asking for a dry raw doggin’. Those remote places are professional fuck sticks. |
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Posted: 4/16/2024 10:50:05 AM EDT
[#25]
Check your messages.
Former in-house bank attorney here. Call an TILA/ RESPA plaintiffs attorney asap. |
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Posted: 4/16/2024 10:51:45 AM EDT
[#26]
Quote HistoryQuoted: In before the insurance company says, "that's not hail." On a serious note, I'd want to be damn sure there was hail damage to the roof if that's what's driving your legal efforts. Hailstorm doesn't automatically equal shingle damage. I have a friend who is an adjustor, and I would never want her to be part of my insurance. Her entire job is go out and find reasons why the won't cover things. 90% of her job is explaining why they won't be covering damage. Rarely does she replace an entire roof for hail. Usually only certain spots on the roof. Some hail damage is considered acceptable and not replaceable. |
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Posted: 4/16/2024 10:52:59 AM EDT
[#27]
Quote HistoryQuoted: This. Plus a pro tip ~ Don’t use a Bank or Loan/Mortgage company that you can’t walk through their door and talk to a person. You are bending over and asking for a dry raw doggin’. Those remote places are professional fuck sticks. Quote HistoryQuoted: Quoted: Maybe I'm stupid but why do people use escrow? I just pay for taxes and insurance myself like any other bill. I pay my taxes myself to make sure the county doesn't steal my home and insurance so I don't end up in this boat. The mortgage company pushed hard to get us to use escrow but I just said no or I'm going somewhere else and that was it. This. Plus a pro tip ~ Don’t use a Bank or Loan/Mortgage company that you can’t walk through their door and talk to a person. You are bending over and asking for a dry raw doggin’. Those remote places are professional fuck sticks. I learned early on that the only consistent with escrow is that it's going to get screwed up. I refused to have them. |
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Posted: 4/16/2024 10:54:20 AM EDT
[#28]
Time to sue.
Also, never escrow if you don't have to |
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Posted: 4/16/2024 10:55:27 AM EDT
[#29]
Dad also had some trouble like with the mortgage company.
Took a couple of weeks of runaround to get shit straight. |
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Posted: 4/16/2024 10:57:45 AM EDT
[#30]
OP, are you not involved in your House finances?
Did you get an escrow statement? Monthly it shows you the balance. Did you get an Home owners insurance policy? Sucks your in this situation, but now a days you have to believe everyone is a fucking moron, and follow up more than once with everyone. |
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Posted: 4/16/2024 11:03:02 AM EDT
[#31]
Not on the same level as the OP but.. I was calling around for vehicle insurance quotes a few weeks back. came across AAA.. Called them, the lady gives me some very good rates.. I told her I would call her back after I done some more checking around... Well my GF decides she wants to get rates from the same person so she calls.. Gets a VM saying that she was out for the week.. ok no problem. I send the lady an email asking to return our call when she gets back in... Nothing, I call her the week AFTER she was supposed to return.. I get the same VM saying that she is out.. No response to the email. No call back.. Nothing in almost a month.. So needless to say. I will NOT be going with AAA.
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Posted: 4/16/2024 11:05:27 AM EDT
[#32]
Sorry to hear about the fubar and hope you get it sorted out. I don't see how the insurance company is at fault if they cancelled for non payment. Seems like people switch insurance companies fairly often to save money, so it's not like they had any reason to think it's unusual. On the other hand, it sounds like the mortgage company dropped the ball, especially if they require insurance until the loan is paid off. At the very least, they should have been bugging you about being in breech of loan covenants.
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Posted: 4/16/2024 11:08:29 AM EDT
[#33]
Quote HistoryQuoted: Did your mortgage payment become lower the last few months? Nope. Our escrow actually increased. Presumably for taxes. Looking at the escrow, it appears they paid SOMETHING to someone, it just isn't clear. My wife is on the case and has already spoken to the appropriate state offices. She is hunting down a stateside management contact for answers. I also have a solid recommendation for a good attorney in these matters. |
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Posted: 4/16/2024 11:09:41 AM EDT
[#34]
Quote HistoryQuoted: Ins co mailed you a cancel notice. Did you open your mail? Apparently not. Obviously had I seen such a thing, I would have been on it. Regardless, the mortgage company screwed up. |
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Posted: 4/16/2024 11:11:52 AM EDT
[#35]
Quote HistoryQuoted: Maybe I missed it, but where was the insurance portion of your escrow actually going? What happened to those funds? We are looking into that now. The money was clearly paid to them monthly and also disbursed by them. Trying to unravel the mess. |
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Posted: 4/16/2024 11:11:59 AM EDT
[#36]
Quote HistoryQuoted: Today is a good day to file a complaint with your state banking regulators . They take those serious . Enough complaints will force them out of the state. PHH isn’t a bank. Complaint to CFPB for RESPA violation seems more appropriate. |
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Posted: 4/16/2024 11:14:10 AM EDT
[#37]
Quote HistoryQuoted: Nope. Our escrow actually increased. Presumably for taxes. Looking at the escrow, it appears they paid SOMETHING to someone, it just isn't clear. My wife is on the case and has already spoken to the appropriate state offices. She is hunting down a stateside management contact for answers. I also have a solid recommendation for a good attorney in these matters. Quote HistoryQuoted: Quoted: Did your mortgage payment become lower the last few months? Nope. Our escrow actually increased. Presumably for taxes. Looking at the escrow, it appears they paid SOMETHING to someone, it just isn't clear. My wife is on the case and has already spoken to the appropriate state offices. She is hunting down a stateside management contact for answers. I also have a solid recommendation for a good attorney in these matters. PHH probably outsources hazard and tax payments to a third party vendor and are likely just as clueless as to who got paid. |
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Posted: 4/16/2024 11:17:46 AM EDT
[#38]
Quote HistoryQuoted: This is a game you are not proficient at. You need professional help. Quit talking to them and hire an attorney now. It really sounds like this is what it’ll come down to. This is why I learned to avoid shitty fly-by-night lenders, and stick with Credit Unions who would carry the loan. Then I just paid off the loan completely. You can’t trust others, to do the needful. |
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Posted: 4/16/2024 11:25:25 AM EDT
[#39]
That's fucked up like a Mexican toilet seat.
I make sure to check my escrow paid out the taxes and insurance when it's that time of year. |
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Posted: 4/16/2024 11:25:34 AM EDT
[#40]
I’m not the guy who immediately says call a lawyer, but call a lawyer.
Your mortgage probably has language stations g that the lender will pay insurance from escrow. If you made you payments on time, including principal, interest, and escrow, and the lender didn’t pay the insurance out of escrow per the mortgage terms, then they’ve got a lot of exposure. A well written lawyer letter ought to straighten things out ricky tick when they’re faced with the lawsuit for damages and penalties. The state insurance commissioner and banking commissioner should also be roped into the communications, making sure the lender knows they’re being called in. Plus, you’re due a refund of the escrow funds that we’re supposed to pay for the policy but weren’t. Break it off in their ass. |
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Posted: 4/16/2024 11:28:42 AM EDT
[#41]
Our mortgage/escrow didn't pay our property tax. As kind of common, it had been sold a time or two. We're in a PUD, Planned Unit Development, so a "condo" and the company rep said the tax bill indicated a condo" and they don't do condos, just single family homes. So they apparently just ignored it. It was a VA loan so escrow was a convenience and I made it real clear two things were to happen immediately. Taxes paid and escrow closed. They took care of it but incompetence runs wild out there.
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Posted: 4/16/2024 12:00:23 PM EDT
[#42]
Quote HistoryQuoted: I have a friend who is an adjustor, and I would never want her to be part of my insurance. Her entire job is go out and find reasons why the won't cover things. 90% of her job is explaining why they won't be covering damage. Rarely does she replace an entire roof for hail. Usually only certain spots on the roof. Some hail damage is considered acceptable and not replaceable. I added a video to the OP. The contractor I had come inspect was highly recommended and does not use Mexican crews. |
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Posted: 4/16/2024 12:01:15 PM EDT
[#43]
Quote HistoryQuoted: This is a game you are not proficient at. You need professional help. Quit talking to them and hire an attorney now. We have a Weiner |
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Posted: 4/16/2024 12:04:08 PM EDT
[#44]
Thats really fairly small hail...
How long of a duration? How old is your roof? How bad is the Jeep? |
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Posted: 4/16/2024 12:06:37 PM EDT
[#45]
welcome to financialized america where everyone is fucking incompetent and nobody is responsible for anything
everyone is just a fucking incompetent imbecile now.... i had the exact inverse when i moved, 4 policies all on the same apartment, 3 of which were with same insurance company...they still couldn't figure it out...took almost 6 months for one fucking company to figure out their own basic policies sorry to hear dude.... rule of thumb...re-insurers are complete dogshit worthless companies that do NOTHING but take your premium, when it comes to pay, they find soem bullshit reason they're not liable and how THAT part of the policy doesn't apply to ur situation time to sue the mortgage company.... |
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Posted: 4/16/2024 12:08:50 PM EDT
[#46]
Quote HistoryQuoted: Thats really fairly small hail... How long of a duration? How old is your roof? How bad is the Jeep? Probably 15 min on that instance. According to the disclosure documents, the roof was installed in 2012. (We have been in the house a year.) The Jeep has dents in the hood and a several on the top of the doors as well as the metal trim. |
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Posted: 4/16/2024 12:11:55 PM EDT
[#47]
Quote HistoryQuoted: This is a game you are not proficient at. You need professional help. Quit talking to them and hire an attorney now. This. I’m not a litigious person, but I’d try to fuck that mortgage company raw. |
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Posted: 4/16/2024 12:12:49 PM EDT
[#48]
It could be worse, you could have been sold to Loanshark, I mean LoanCare…
They screwed me over for 6 months, and reported me to the credit bureau, trashing my credit, for something that was their fault. Then they refused to fix the credit mix up. So now I wait two years for it to get off my credit… |
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Posted: 4/16/2024 12:19:34 PM EDT
[#49]
Quote HistoryQuoted: State Insurance Commission is where I would start. |
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Posted: 4/16/2024 12:20:21 PM EDT
[#50]
Quote HistoryQuoted: This is a game you are not proficient at. You need professional help. Quit talking to them and hire an attorney now. This. I might file a claim with the consumer protection bureau and my states AG before paying an attorney, but I’m guessing you’ll need an attorney. |
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