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TJ, Esq.
TJ, Esq., Attorney
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Experience:  JD, MBA
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i had a house in pa. that was vandalize . when i made a claim

Customer Question

i had a house in pa. that was vandalize . when i made a claim thru the lawyers mulipulation he tried to make it my fault thru neglec . i was never sucessful in getting represented because the laywer would pretend thy would take the case and after a few weeks they would write me and tell me they are not taking this type of case right now and refer me to another lawyer assc . do to gout and other health problems i did'nt persue the claim as i shoud have . i was transfered from hartfort ins . american security ins. but the claim was never paid for me torebuild my home . finaly the house was sited as condemed by the community and i had the house demolished . i made the insurance co. aware of the situation and the morgage holder chase manhattan . instead of waiting for a settlement they took every cent they could get out of my checking account . i went to buy a shirt thursday and i had to buy it on credit card insted of debit . before i could get a lawyer and sot this out they have taken over $20,000 i had in my account and left me nothing to live on . i had my retirement and pension direct deposited into the account for my living enspenses . i need conseling in the worst way . that ca'nt be legal .if there is a nyc. lawyer out there please get in touch . thanks bob XXXXXXXXXX
Submitted: 3 years ago.
Category: Business Law
Expert:  TJ, Esq. replied 3 years ago.
Hello and thank you for allowing me the opportunity to assist you.

I'm sorry to say that if you stopped paying your mortgage, then the lender had a right to go after your assets to repay your debt. Ordinarily, the lender would foreclose on the property, but if the house was demolished then there's probably not much value in the property.

If you had insurance on the house that should have covered the vandalism, then you may have reason to sue due to a breach of contract. I can't say for sure since I don't have all of the facts, nor do I have your policy to review. I suggest that you either hire a lawyer, or, if you can't afford one, then contact local legal aid. You'd generally need a lawyer in PA since that is where the house was located.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

Customer: replied 3 years ago.
i was paying the mortgage directly thru my chase account and was told that i would pay the mortgage until every thing was settled . i would then recover my over payment .what they did was empied my account of $ 30,000. without even considering that my living expense or telling me any thing . that has got to be illegal . what action shought i take ? i will accept any advice you tell me . thanks bob
Expert:  TJ, Esq. replied 3 years ago.
Hi again.

I'm sorry to say that Chase had a right to take the money from your account without even suing you. Legally speaking, it is called a setoff. Imagine that I owe you $100, and that you owe me $90. Obviously, you would not have a legal obligation to give me $90 since I didn't pay you $100. Instead, you'll keep the $90 and demand $10, right? Well, that is called a setoff, and it works the same way with the bank. You owed Chase the amount you borrowed for your house, and Chase owed you the $30,000 that you deposited. Since you defaulted on your mortgage, Chase had a right to immediate repayment, and therefore, it had a right to keep the $30,000 (and still demand the unpaid difference).

I really wish I had better news for you, but I think you're stuck going after your insurance provider that didn't pay.

I regret that my answer is unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response. With that in mind, I hope that you found value in my answer. If so, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

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TJ, Esq.
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JD, MBA