Bank is telling my dad to fix the roof when the insurance didn't pay out for it. What to do?
The insurance gave my father money to fix things like piping, but no money to fix the roof. The insurance claimed that there was no problem with the roof and of course the judge sided with them even though there was evidence from my dads hired inspector. But now after my father got paid from the insurance the BANK inspectors is showing damage to the roof. Is there anything to do? My dad clearly wasnt given the money to do so.
Pertinent? You have to ask me.
Hunch- It is due to several hurricanes and storms.
Again- If you got questions then ask me. Dont make assumptions because it doesnt help.
Insurance company and judge said there wasnt nothing wrong with the roof. Didnt I say that in my question?
What do you mean the question is not "IF" it was damaged? That is what the insurance said in court. That IS the question of which I'm asking, no BA.
- WhoLv 71 month ago
Insurance does not cover things happening as a result of negligent maintenance
WHAT it covers is identified in the policy
Insurance would cover damage to a roof as a result of a storm (eg wind) or something falling on it (e.g a tree) . What it wont cover is say damage as a result of rotten timbers cos of water getting is as a result of broken roof tiles - THAT would be regarded as negligent maintenance
"even though there was evidence from my dads hired inspector" - the question is NOT if was "damaged" its IF it was covered by the insurance
So you REALLY need to read the inspectors report CAREFULLY
There could WELL have been damage to the roof BUT IT WAS NOT COVERED BY THE POLICY
The BANK inspectors are only interested in damage howsoever caused- THEY are only interested in the value of the property (in case they are forced to repossess) - AND it is a requirement on their loan that the property is maintained to minimise any loss in value over time
(that is - the BANK inspectors are looking for different things from the INSURANCE inspectors)
The report YOU got from YOUR inspector confirmed to them that there IS damage (maybe due to lack of maintenance) and that MUST be repaired (presumably you submitted the report in your claim against the insurer)
If it ISNT repaired (and fairly quickly - ask the bank how long you got) there is a good chance they will terminate the loan (and foreclose)
Since you have also made the insurer aware there IS damage there is a very good chance they will either insist its repaired (to decrease the risk of the roof being damaged in say minor storms - and in this case the increased risk of damage to property inside the house) - AND increase premiums (cos you have shown you do NOT keep the roof in good repair - so what else might you be neglecting?) - AND they will insist the repair is carried out by a licensed contractor and require a certificate from them to verify the work has been carried out to a satisfactory standard
OR they could just terminate the insurance - in which case this will f//k up any chance you getting alternate insurance)
(For what you say it appears you shot yourself in the foot by suing the insurance company AND presenting an inspectors report stating there WAS damage(but it WASNT covered by the insurance). which came to the BANKS attention
- STEPHENLv 72 months ago
The bank requires that the house they have an interest in is kept in good repair. If the insurance didn't cover something your dad has to.
" If you got questions then ask me" You don't get how this works. YOU ask a question. You get answers.
- Casey YLv 72 months ago
If there is a judge involved...then there should also be attorneys involved. As such, your attorney would be the best person to ask this question.
There really isn't any way for us to answer here. Sounds like this went through some sort of arbitration and your dad lost...
- Anonymous2 months ago
I suspect the problem is that insurance doesn't pay for maintenance but for damage due to a covered event. If the roof is just old, you pay for its replacement. Your insurance company doesn't want to be liable for the damage to other parts.
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- A HunchLv 72 months ago
The roof needs fixing. No one says it doesn't. In fact, the lender says you are required to fix it or they are going to revoke your loan.
The insurance company and the judge, say that it's a fault of lack of maintenance and is not part of the insurance company claim.
Fix the roof or have your loan revoked.
In response to the comments:
A correction to your comments - you say that no one says there is a problem with the roof. But that's incorrect - you admit that it has storm damage, the inspector says there is damage (just not a result of maintenance) and the lender says there is damage.
The judge would not be evaluating whether the roof needs repair. They are reviewing the case that is in front of them - which is was the roof repair part of the insurance company claim.
You are free to get estimates from roofers, if they say there is nothing to be repaired, provide that to the lender.
- Anonymous2 months ago
What do you mean, pertinent?
Edit- Excuse you, John? What type of useless comment is that? I meant to post the comment under the details but Yahoo messed up and made it as a comment. If you aint got nothing nice to say then dont say it. I'm keeping this comment just in case I need to post something.
- Anonymous2 months ago
You are leaving out pertinent stuff.