Insurance check cashed by bank Opal Raymond asked 11 months ago
Insurance check cashed by bank


I am writing about an old issue that happened with my mother who has since passed away regarding Wells Fargo cashing an insurance check on our family home that burned down from arson. The check was $450k+ and the insurance company sent the check directly to the bank even though my mom’s name was also on the check. They claimed she was a couple months delinquent and ended up foreclosing on her home. She never received a dime even though the home was mostly paid off. This happened over 10 years ago but it still bothers me that they may have stolen this money and foreclosed on a home worth almost $2M.

Just want to know if this is a lost cause to pursue or just drop it once and for all.



1 Answers
Don A. Lesser, Esq. Don A. Lesser, Esq. Expert answered 11 months ago

Opal – The statute of limitations on a suit for wrongful foreclosure against a lender is generally three years from the date of the foreclosure. While there may be exceptions, based on the information you’ve provided it doesn’t appear there would be one that would extend it to ten years. If you want a more definitive answer I recommend you consult with a lawyer who specializes in the field. Some legal aid organizations may also be able to provide you advice on this issue.

Best regards,

Don Lesser