CanI sue my mortgage company ifit wassupposed to pay my homeowners insurance but failed to?

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CanI sue my mortgage company ifit wassupposed to pay my homeowners insurance but failed to?

I tried to file a claim. I contacted my mortgage company and they couldn’t tell me why they didn’t pay for my homeowners insurance.

Asked on March 7, 2012 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there was some agreement  in place that the mortgage company would pay homeowner's, you complied with all your obligations (e.g. paid whatever you were supposed to), but the company breached its obligations, then you may be able to sue them. Of course, you can only sue for actual losses or costs, so as to recover, for example, amounts you paid which should have gone to premiums but did not; any costs or losses which should have been covered by homeowners, but were  not because  the mortgage company didn't pay for the insurance; etc. To the extent you did not suffer any losses, there's no point in suing for damages, since the law only provides compensation for actual losses; you could, however, sue for a court order either requiring the mortgage company to make the payments, or allowing you to make them directly if you'd prefer.


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