+ Reply to Thread
Results 1 to 4 of 4
  1. #1
    Join Date
    Jan 2011

    Letter of Subrogation Demand

    What is the name of your state (only U.S. law)? Florida

    I was foreclosed on By Wells Fargo -
    proceedings started in Oct 2009 - completed sale in June 2010.

    I have recently started receiving letters saying I am responsible for Loss due to theft. - $24,225.44

    I have no idea what happened after I moved out with the house, and claimed chapter 13 bankruptcy last year.

    Do I need to respond to these letters? They are mailed to the old address and forwarded to me. Coming from
    American Security Insurance Company
    Prop and Claims Div
    Atlanta Ga

    They are not certified, or in any way is there proof I am receiving them?

    Angry (previous homeowner)

  2. #2
    Not knowing any of the pertinent details (such as when they say the theft occurred and if you were resident at the time), I'd say your best bet is to contact them and find out the particulars.

    I believe a good rule of thumb is that if anyone you've done business with claims that you owe them thousands of dollars, you should at least discuss the situation with them prior to dismissing it out of hand.

    If they think they can't reach you, they most likely will just file a lawsuit against you. I doubt that's what you want.

    ETA: You do know, I hope, that if you left the home prior to the actual foreclosure, you were still responsible for the home. If you left before the bank claimed it, you certainly are responsible for any damages (I would think unless I'm corrected by those who know more).

    I also know, from the situation next door to my home, that owners losing their homes to foreclosure certainly do sometimes steal appliances and such. I'm not accusing you of doing do, but letting you know that it is a common enough occurrence that it's possible that they assumed it happened in your case, too.

    Last edited by CreativeBlock; 01-10-2011 at 09:42 AM. Reason: Clarification
  3. #3
    Join Date
    Feb 2006
    Philadelphia, PA
    How can someone STEAL their own appliances? The bank doesn't own those, only the house!

  4. #4
    Quote Originally Posted by ecmst12 View Post
    How can someone STEAL their own appliances? The bank doesn't own those, only the house!
    As I understand it, it constitutes defrauding a secured creditor as well as vandalism.

    I haven't found any legal cites, but I've found several articles stating this.

    But fixtures are a part of the home and are not supposed to be removed, per the deed of trust signed by the owner at closing. So given the owner signed this document, they may have to squirm and get legal counsel to “prove” they did not know it was the wrong thing to do.

    If you notice a neighbor removing fixtures, first report it to the local police. Secondly also contact the FBI’s Mortgage Fraud Task Force at [email]px_cashback@ic.fbi.gov[/email] or 602.279.5511.

    [url=http://benjamin.com/phoenix-arizona/east-phoenix-valley-gold-canyon-real-estate/fixtures-and-appliances-and-foreclosed-homes/]Fixtures and Appliances and Foreclosed Homes | Gold Canyon and East Phoenix Valley Real Estate Blog[/url]

    Also, as I understand it, most loan agreements stipulate that improvements must stay with the house in the event of foreclosure.

    I'll keep looking for legal cites, though.

    I'll keep looking for legal cites.

+ Reply to Thread

Similar Threads

  1. Letter of demand
    By RED7 in forum Legal Ethics & Lawyer Malpractice
    Replies: 0
    Last Post: 01-13-2009, 04:57 PM
  2. demand letter
    By LLG in forum Auto Accidents and Vehicle Claims
    Replies: 2
    Last Post: 02-19-2002, 09:33 PM
  3. Demand Letter
    By LLG in forum Auto Accidents and Vehicle Claims
    Replies: 2
    Last Post: 01-19-2002, 02:19 AM
  4. Insurance don't pay despite letter of subrogation.
    By nyord in forum Life Insurance & Annuities
    Replies: 1
    Last Post: 05-19-2001, 08:03 AM
  5. Subrogation letter
    By tek160 in forum Life Insurance & Annuities
    Replies: 0
    Last Post: 04-19-2001, 06:18 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts

© Since 1995 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.