Legal Question in Personal Injury in California
Liability for fatal stroke triggered by erroneous foreclosure notice by mortgage
M.R., (my mother) always paid her mortgage on time (final pay due June, 2000) via an automatic debit system set up by the Mortgage company. As payments were automatic debit, she was expecting mortgage company (GMAC) to acknowledge receipt of final payment on her mortgage. But,. instead of acknowledging final payment, she received foreclosure notice (caused by a ''glitch'' in GMAC's computer accounting system lost track of this payment). GMAC ruthless, not caring why automatic payment didn't work, noted payment not received by deadline in 5 days there would be foreclosure. Final payment $238 sent by registered mail. GMAC said proof of mailing date by USPS Registered Mail legally irrelevant, would foreclose if payment late. Afraid mail wouldn't get there in time, offered to pay by credit card by phone, they refused. At 85, my mother went into shock, extreme stress, condition worsened over the next several days as we hassled GMAC who acted like a criminal enterprise trying to take her home by contrived technicalities. On July 20, 00, she suffered stroke, taken to emergency hospital where she later died Aug 20, 00. Believe GMAC's accounting glitch contributed much to my mother's fatal stroke. Do I have grounds for a suite against GMAC?
3 Answers from Attorneys
Re: Liability for fatal stroke triggered by erroneous foreclosure notice by mort
You have an excellent case against GMAC, as long as you can overcome 2 factual hurdles which would be needed to prove liability.
1. You will need to have a doctor who is willing to testify that these events caused or were a major contributing factor to your mother's stroke. It need not be a doctor who treated her, but that would be helpful. Was she being treated by a doctor on a regular basis already? Did she see any doctor during these events who would remember or have documented her complaints?
2. Do you have notes on the conversations, i.e. who said what to her and when did they say it?
You need both of these to proive "causation," that is, did the events surrounding her stroke cause the stroke so as to hold GMAC liable?
You should IMMEDIATELY contacta personal injury attorney so as to preserve as much evidence as possible. If you are located in the SF Bay area, I'd be happy to speak with you. Call me at (408) 295-8282.
Re: Liability for fatal stroke triggered by erroneous foreclosure notice by mort
First . . . Let me extend my sincere sympathies to you for the loss of your mother . . . My mother is in her 80s and such a situation as yours would be devastating both to me and my family.
Second . . . You need to contact an attorney quickly as there is a statute of limitations issue which will prevent you from ever making any recovery . . . Most personal injury and wrongful death issues are governed by a one (1) year statute of limitations in California . . . In other words, if you do not settle your claims you must file a formal complaint in court, generally, on or before one (1) year from the date of loss or you will forever be precluded from making any claims.
The one year may begin to run on August 20, 2000, or it may already have run depending on the facts which need to be thoroughly reviewed.
My practice extends throughout California . . . If I can be of any assistance, please feel free to contact me by email or telephone (619) 234-8199. Whatever you do, I urge you to contact counsel immediately . . . Good luck to you . . . Patty Lewis.
Re: Liability for fatal stroke triggered by erroneous foreclosure notice by mort
Do you have the original check of the final payment? If you have a cancelled check that would show that the continued pressure etc... could be a cause of your mother's stress. Have you documented the contacts? Do you have the name(s) of the GMAC employees? Have they ever started foreclosure proceedings? I need a lot more information. I practice in California and Indiana.
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