Do I have a case or what?

Question

My house burned down in October! The Insurace came thru with my chech, took pic, ect. We made agreements that we would rebuild the house!! Them the City posted a Condemnation sign! I informed the Insurence companies and they said they will do something about it!! I also informed the City about the plans we had worked on! I faxd letters so they would hold it until everything is straighen out!! My neibors told me that workers were there with machines to knock the house down!!TODAY i drove pass the burnd down house to see it wasn't there!! The city tore my house down!!! I further found out that the insurance company took the insurance check out of my account and PAID the house off!!! True, I had problems wit the IRS and my property but wow!! Now im stuck with a empty space and NO money to build anything on MY property!!!! The insurance company said they don't have interest in the property anymore so they can't help!!!! It's been real hard for me and my family to adapt after the house and now this!! I got my hopes up then they tore my house down!! Im thinking about sueing the city and or insurance company!! I'm so stressed out!! i feel like the fcukd me over!! IM SO UPSET!!!! I aslo had a Home Bussiness that was going well but UNFORTUNATELY... im jus so upset i really dont know what 2 do!! PLZ help with any advice u could give i'll take!! im in tears almost everyday because my family and i lost everyrthing!! my head is jus filled with stress anf S**t i cand take it!!!!! IM ABOUT TO FLIP OUT!!! Do i have a case or what? Sorry for the curse words but im so freakin mad!!! I nko most of these words are spelld incorrectly, lol, but im jus upset i need help quick!!!

Answer 1

.   A lot of us would be willing to live thru this scenario.  You will get a new house.  Your lot is worth much more than you think.  You might be able to sell it for the amount your house was worth.  How long did the burnt house sit there?  Some are sitting in Detroit for 4 years.  In Phoenix it will only sit for 2 months before the city comes in.  Too many kids playing there and the city gets sued.

Answer 2

If there were judgments on the house, it got paid by the insurance co. Get a lawyer because you won't get a solid answer in here AND you have not provided enough info as in how did the ins, co. get access to your bank account? did the IRS take it?  Did the Loan holder put a lien on the funds?

Answer 3

If the insurance company paid off your house, and the city tore it down as a hazard, then I don't see any issue here.

If it was such a hazard, you would have been very unlikely to be able to rebuild including what was left.  Most cities have limits as to how long a property can be left in a damaged condition, you apparently missed your deadline.

The city should have kept you well informed as to their plans.  If they did not, you may have a case against them, but again, what did you lose, a burned out wreck?

Ditto for the insurance company, who obviously had extended you all the time their system allowed.  They are concerned with settling the case, not waiting forever for you to decide what to do.

Since the insurance paid off your home, you should now have a property mortgage free.  Get a new mortgage, and build a new house.

Answer 4

it sounds like someone sure made an error.  

you had insurance at the time of the fire?  check your declaration sheet and see what kind of insurance you had.  if you were fully insured, you should have something saying what the replacement value of your home is.  you are entitled to make a claim against your insurance company for the value of your home.  you are entitled to getting all the items in your home replaced.  you are entitled to room and board to be paid for while you are looking for a new home.  

my thought is that maybe the pay off for your home was more than your house was worth?   even at that, you have the right to negotiate this. you are still entitled to the replacement value of your personal items.  

if you want to email me feel free to do so. [e-mail]    i may be able to get you some help.

Answer 5

Stay calm and understand that some procedures are done for your safetey.

Building codes REQUIRE that stuctures so badly damaged by fire, cannot be repaired, it must be replaced. Yes, brick and concrete will be damaged by fire.  Insurance agents are not necessarily up on building codes, they are there to just cut checks.

The county is acting on the welfare and safety of the NEXT home owner as well as you.  

Also look at the bright side, you don't have a mortgage payment. No one is suing you for not doing anything about a safety hazard to the community.   It is payed off and you are no longer paying interest.

You can take out a construction loan on YOUR property. The interest only runs on that portion you have borrowed before you move in.  If you plan on building a 2000 square foot home, it would cost you over $200k in the midatlantic region.  To build, it will cost you about $60K for parts and $100K in labor, unless you build the house yourself.  If you do, make up a ghost company and work for that company as an employee (superintendant).  You will earn $100K in the time it takes to build the house, less labor for the subcontractors.  you don't even have to give up your job just try to get the hours changed from 11 to 9pm, the subs work from 4:30 to 12.

Once the house is completed, the construction loan converts into a mortgage. BUT keep in mind that the cost overruns are out of your pocket.  The the loan amount will only be the market value of the finished home.

Keep calm, not all beaurocrats are aceholes.

Answer 6

Unless you are not allowed to rebuild...there  is is no case.  The insurance  money  should be yours to rebuild with.  This freaking stinks. I do not blame you for being upset.

Answer 7

The best advice I can offer is to see or call an attorney, you can find one on line and present your case, but I would call one locally because he would be familiar with the local laws. In a lawsuit where you are seeking damages most if not all attorney's will work on a contingency, that is they get paid only if you win.

I feel for you my friend, sounds like the Insurance company over stepped their bounds when they went into your bank account.

Answer 8

that is horrible ya i would think you do have a case the city never gave you any notice did they?  If not you can deffinately sue them.  the insurance company is a no, you were unable to pull together your part of the deal so they have every right to what they did.  

Answer 9

I would go over any and every paperwork with a fine tooth comb. Even though I have the feeling that you lost some of the essential paperwork in the fire, am I right? Every contract, unfortunately, has their own fine print, but they also have loopholes. I'm not a lawyer or someone who works for the city or an insurance company. That's all the advice that I can offer.