Bank Not Liable for Death of Woman Evicted Following Foreclosure

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Bank Not Liable for Death of Woman Evicted Following Foreclosure

Bank Not Liable for Death of Woman Evicted Following Foreclosure

MetNews-

The  Ninth U.S. Circuit Court of Appeals yesterday affirmed a summary judgment in favor of Wells Fargo in an action against it alleging the wrongful death of a 62-year-old woman it evicted from a home on which the bank foreclosed after she fell behind in her payments, having ceased working in light of having contracted breast cancer.

The decedent, Marsha Kilgore, died Oct. 16, 2013 “from inability to breathe” because, being homeless, she was unable to plug in her oxygen concentrator, according to the complaint in the case.

Her daughter, Brooke Noble, brought the action.

Ordered to Leave

Noble had lived with her mother in a Fresno condominium Kilgore had owned until the foreclosure. The complaint alleged that an agent of Wells Fargo told them to gather their belongings and leave, agreed to give them a 24-hour delay, returned the next day, and ordered them to quit the premises.

Wells Fargo had a policy of according financial assistance to persons who are evicted and leave willingly, but offered none to Kilgore.

Kilgore was a plaintiff in a class action against Wells Fargo based on a promised loan modification that never materialized.

[METNEWS]

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