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It would probably be easier to fight it out with State Farm. What difference does it make if the house was vacant or not on the paying out of this claim?
It probably depends on the insurance policy and the terms. We are currently about to close a short sale with hail damage as well. The insurance company did pay. So Kevin's strategy is right on - I'd have the customer review his/her policy and see if there are any clauses that mention payments if the house is vacant. I can see them not wanting to pay vandalism if the property is vacant, but storm damage is another thing. It would have happened whether they were in the house or not.
As to the 90 days, a BPO/valuations are good for 90 days and most investors will not re-evaluate the value of a property until the first BPO expires.
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