How do you file suit againsta bank if a foreclosed property caused damage toyour property?

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How do you file suit againsta bank if a foreclosed property caused damage toyour property?

On little over a month ago my condo received water damage as a result of the upstairs units balconey. The upstairs unit is vacant and bank owned. The previous owners had installed unapproved tile to the deck that ruined the waterproofing. Since the unit was vacant no one was clearing out the drain either. There was standing water that leaked into my living room. As of today the bank is not approving my repairs although it has assumed responsibility for the unit above me and are going to repair the deck but have not confirmed it is approving my repairs. I cannot reach anyone at the bank.

Asked on February 4, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You file suit against the bank who owned the property the same way you would file suit against anyone else, such as "normal" property owner who damaged your property through his own negligence: just be filing and serving a summons and complaint. If the amount at issue is more than $2,500 or $3,000, you should retain an attorney and let the attorney file for you; if it's less than that, you may wish to file and represent yourself, such as in small claims court. Contract the court if you are going to do that: the clerk or the court's website should have forms, instructions, explanations, etc. If you have homeowner's insurance though, you may wish to first submit a clailm to it and then let your insurer go after the bank for reimbursement.


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