Athens, TN asked in Criminal Law, Federal Crimes and Insurance Bad Faith for Tennessee

Q: Is it legal to file and receive theft claim on a foreclosed home when the insurance policy holder has been dead for 2yr?

My mother passed on 8/23/15. I tried to take over the payments of her home considering I am her only living heir and those checks were sent back to me untouched. I went to court on 2/28/17 over foreclosure, tried to speak to the judge and he shut me up fast stating we were there for a foreclosure. I moved by 3/10/15. I received a letter in my deceased mother's name stating that someone had filed a theft claim against the homeowner's insurance, that my late mother was the policy holder, and received payment on it. Since the mortgage company sent my payments back, they showed there had been no payments made since 8/3/15. Considering I had not been to the home since 3/10/17, everything was fine when I left. Is it legal in TN to file a home owners insurance claim when the policy holder has been deceased since 8/23/15 on 5/317 for $4245.82? I would also like to add that the mortgage company and homeowners insurance are both in-house. Is this not a form of insurance fraud?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Your case does not have anything to do with criminal law. More than likely the insurance policy was paid for by the lender who held the note and deed of trust, which undoubtedly paid to the first lienholder prior to anything going to the homeowner. You may be able to make a complaint with the Department of Commerce and Insurance, or you might file suit against the lender for conversion. More than likely though they made a claim under the policy as the lienholder.

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