Legal Question in Real Estate Law in Georgia
I was just informed by my homeowners insurance company after tying to file a homeowners claim for damage to my home, that my mortgage company did not pay my mortgage insurance last year, and it is escrowed into my payment each month. What are my legal rights?
1 Answer from Attorneys
It is still your duty to have made sure it got paid. Since the insurer is required to send any cancellation and lapse notices to you, you already knew about it. (Additionally, the annual statements from a mortgage company show disbursements, so if you read that bill insert you had a second notice). So you were negligent in not reading your mail.
Having said that, you may have some leverage as to pursuing the mortgage company. Initially, talk to them and see if they would pay the claim in exchange for you not pursuing them. If that fails, see a lawyer. Know that your negligence has weakened your claim.