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Wells Fargo / mortgage (homeowner's insurance)

1 United States Review updated:

HELLO! Our complaint is a little different than others I've seen but we are wondering if anyone has had or heard of a similar experience and what options we may have. My wife and myself went to her niece's boyfriends house at approx. 4am on Feb. 18 because her niece had called saying their basement was flooded and she wanted me to look at it and try to figure out what was going on. When we got to the home, we were not aware that the niece and a friend had been up & down the stairs. The hallway light was burned out. As my wife opened the cellar door to go into the basement, she slipped head-first down the stairs, twisting and turning eventually landing on her back, and then rolled down the last few steps into the water in the basement. In trying to get to her, I nearly fell myself. We got her up into the kitchen and called 911. She ultimately had broken 3 bones (Ankle, Fibula & Knee cap) as well as tore some ligaments in her neck and fractured a finger & her nose. She was transported to the hospital and spent nearly 12 hours in the ER. Her ankle was placed in a cast and a knee brace applied. She also had to wear the neck collar. She may or may not require surgery down the road depending on how everything heals. So, here's the issue. The homeowner had bought the house and at some point, Wells Fargo bought the mortgage from the other company. Somehow, he allowed his homeowners insurance to lapse. Wells Fargo, as a stipulation for having the mortgage, then purchased homeowners insurance for him and it was paid by his escrow. But here's the kicker. Apparently they only bought coverage for the dwelling only...NO LIABILITY which is crazy considering the fact that basic coverage includes liability insurance. So, in essence, they only covered themselves for the dwelling...So my wife gets hurt on the premises, and then Wells Fargo says there is no liability insurance to cover her medical bills, pain & suffering, etc...My question is, what can we do. Suing the homeowner isn't going to do much because he don't have much. And even a Judgment can be difficult if not impossible to collect. Plus, a bankruptcy filing would wipe a judgment out. Can we sue Wells Fargo? Has anyone else either had a similar experience or know someone who has? Anyone else have someone get hurt on their property and not have coverage? What happened? What did anyone else do? Any help or suggestions would be appreciated...THANKS!

Updated by Koogercub, Apr 16, 2018

I should also point out that the cellar stairs and the hallway landing turned out to be wet from her niece and friend who had tracked water from the flooded basement. Also, the stairs have linoleum on them without the anti-slip strips. I did wind up taking pictures after the ambulance took her to the hospital and prior to me leaving for the hospital on the advice of the medics and police on scene.

mortgage (homeowner's insurance)
mortgage (homeowner's insurance)
mortgage (homeowner's insurance)
Ko
Apr 16, 2018
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Comments

9w
  16th of Apr, 2018
0 Votes

not a legal expert but give my opinion here maybe can help
first action would be to consult with a attorney in regards to wells fargo and there actions and lack there of
liability laws etc.. can vary from state to state so would do a search on your state laws as well
theres a few legal sites can find that offer state laws etc...
do some looking up and see what you can find on the issue
same wells fargo that had its ceo/ president ( not sure if still dual role) in front of a senate hearing more or less ( my opinion here) laugh and oops we got caught too bad, in regards to the fake accounts and other matters they had not long ago
so best advice find out what laws are etc.. and see if they ( wells fargo) breached it

Ko
  17th of Apr, 2018
0 Votes

@9wood Thank You...we will certainly look into that.

Ge
  16th of Apr, 2018
0 Votes

It may be worth contacting an attorney for a possible solution. I believe they'll tell you there's absolutely no requirement for the bank to carry such coverage. However if the bank still holds the title, you may have a possible option.

You could sue him and attach a lein to the property title.

Do you have insurance?

Ko
  17th of Apr, 2018
0 Votes

@General Service Hi! Thanks for responding. Wells Fargo does still hold the property title but he still owes a lot on the mortgage so there wouldn't be much left after Wells Fargo got theirs. As for insurance, she does have Medicaid & Medicare but they won't cover everything and she will wind up in the proverbial donut hole, and that's not good because she has other medical issues that require regular treatments and appointments. She has homeowners insurance and I even have renter's insurance but I'm certain those won't help us. We have talked to a lawyer and they did tell us that we can sue him and get a judgment but again, these can be hard to collect and he could always file for bankruptcy and get it wiped out. We are definitely in a bad situation as I assume that most people have homeowners or renters insurance depending on their situation and that this unfortunate accident just happened to occur at one of the few person's house that didn't have coverage. Really sad to because it really is quite inexpensive for full basic coverage. Even my renter's insurance, which covers full replacement value (fire, theft, vandalism, etc...) includes $100, 000 liability coverage and the whole policy only costs me about $125 a year! Any other ideas or suggestions would be appreciated...THANKS!

Ge
  18th of Apr, 2018
0 Votes

@Koogercub Actually I believe you're incorrect in one regard -- by federal law, court awarded judgements are not dischargeable through bankruptcy. As a result, you can file against him and know that you'll be able to ultimately collect.

Ko
  19th of Apr, 2018
0 Votes

@General Service After looking online after reading your last reply, it appears that most court-ordered judgments are dischargeable through bankruptcy EXCEPT divorce & child support, DWI injury awards & intentionally injuring someone, most taxes, etc...we are still researching everything because laws do vary from state to state with regards to required insurance regulations and obligations. Thanks!

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