Insurance proceeds division

[darode]

This is an actual, ongoing situation.
The parties
Mr. D, 59 yr old male,
Ms. W, 49 yr old female

State of Illinois


Nov. 20, 2015 an AGREED ORDER was filed stating:

1. Ms. W's right, title and interest forfeited instanter.
2. Possession stayed until Apr. 15, 2015.
3. Ms. W offered right to reinstate contract if she pays all contract arrearages, atty fees and court costs by Apr. 15, 2015.
4. For continued residency, Ms. W shall pay $100/mo and provide proof of insurance starting Dec. 1 , 2014.
5. Failure to do #4. Mr. D gets earlier possession.

Ms. W paid the $100 and proved insurance Dec. 1, 2014, Jan. 1, 2015 and Feb. 1, 2015.

House burned Feb. 23, 2015.

Insurance paid max limits of policy. Demo and landscaping $6305 and Dwelling $79500 issued by two party check totaling $85805.

Ms. W thinks she is entitled to the lion's share, about $60,000. Mr. D contends she is only entitled to a small part reflecting her homeowner's equity at the time of the fire, less the attys. fees, court costs and interest arrearages chargeable to Nov. 20, 2014 under the AGREED ORDER.


No agreement outside court seems possible. Very contentious conversations.

Who is right about proceeds division?

How does something like this get into a court?

What type of suit would Mr. D. or Ms. W file?

What might the judge decide?

HELP, HELP, HELP asks Mr. D!!!






























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Please post your question once.
Don't create multiple threads asking the same or similar question.

 

[army judge]

This is an actual, ongoing situation.
The parties
Mr. D, 59 yr old male,
Ms. W, 49 yr old female,

State of Illinois


Nov. 20, 2015 an AGREED ORDER was filed stating:

1. Ms. W's right, title and interest forfeited instanter.
2. Possession stayed until Apr. 15, 2015.
3. Ms. W offered right to reinstate contract if she pays all contract arrearages, atty fees and court costs by Apr. 15, 2015.
4. For continued residency, Ms. W shall pay $100/mo and provide proof of insurance starting Dec. 1 , 2014.
5. Failure to do #4. Mr. D gets earlier possession.

Ms. W paid the $100 and proved insurance Dec. 1, 2014, Jan. 1, 2015 and Feb. 1, 2015.

House burned Feb. 23, 2015.

Insurance paid max limits of policy. Demo and landscaping $6305 and Dwelling $79500 issued by two party check totaling $85805.

Ms. W thinks she is entitled to the lion's share, about $60,000. Mr. D contends she is only entitled to a small part reflecting her homeowner's equity at the time of the fire, less the attys. fees, court costs and interest arrearages chargeable to Nov. 20, 2014 under the AGREED ORDER.


No agreement outside court seems possible. Very contentious conversations.

Who is right about proceeds division?

How does something like this get into a court?

What type of suit would Mr. D. or Ms. W file?

What might the judge decide?

HELP, HELP, HELP asks Mr. D!!!

Without knowing WHO owned the home at the time of the conflagration, its impossible to provide an answer.

We'd also need to know IF the relationship between D & W is familial, by marriage, divorced, for simply business.

What is the basis of the lawsuit?

Who is the plaintiff, D or W?

 

[disagreeable]

Assuming this was a land contract type deal, you are entitled to the percentage of total you paid off which is very minimal. Owner is entitled to be reimbursed for his full loss, the lions share. The contract requiring you to insure his interest while having use should be contractual. Otherwise, people would be going around buying properties on land contract to burn down logically.