QUESTION

How can the bank hold an insurance check that was for damages to my house?

Asked on Sep 23rd, 2011 on Consumer Law - Pennsylvania
More details to this question:
I had a pipe break in my house and it leaked all night. Caused 4000 worth of damages. The insurance company sent me a check for 2995,00 .They put my name on it along with the banks. The bank refused to sign off on it and want to put it into a savings account until the work is completed. My husband and I already did some of the work to save us some money, AND because it was starting to mold. They refuse to sign any of the money over to me only to the contractor that gave us the estimate. Now understand, I owe 9,000 on my house, I have owed my house for 35 years. It recently went into foreclosure and we busted our but to get the money together to get it out of foreclosure. Do they have a legal right to do this? When I said I never signed any agreement that the bank was on my policy, I was told this is a NEW policy.. I think they have singled me out.
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1 ANSWER

Mortgage Banking Law Attorney serving Peachtree Corners, GA at Franzén and Salzano, P.C.
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This might be a change in the bank's policy for relatively minor repairs and claims, but I would bet dollars to doughnuts that the loan documents you signed give the lender the right to the proceeds and that in order to make the loan they insisted that they be listed as loss payee. That's why the check came payable to both of you. Now they want to be sure that the repairs were made properly in order to protect their collateral. While I doubt you're being singled out, your default and the previous imminent foreclosure can't be giving them a warm and fuzzy feeling. SO, let's figure out a way to get them comfortable with the fact that you completed the repairs and that the house and safe and sound and its value in tact. I'll ignore the question about what the insurance company thinks about the amount of the claim. My first approach would be to do up the chain of command, ending with a call or letter to the President or CEO. That might be all it takes based upon the size of this repair and claim.  You could also contact the bank's regulator, but this is a service issue, I suspect, and not a legal one. If that doesn't work, then I suggest that you suggest to the bank that they send an inspector to check out the repair. They almost certainly will want to deduct the amount from any insurance proceeds you are set to receive or add it to your loan amount, but if you really saved a bundle on doing the repair yourself, this shouldn't be too big a hit. That is the price you pay for having a mortgage.  The other option is to pay them off and be done with them. While an attractive option, I realize it's not one which is likely to be feasible. Don't take this personally.  Most banks and loan servicers are so overworked that they don't have the energy or inclination to single someone out for this type of matter. Be polite and persistent, and this just might end how you look sooner than you think. Best of luck in working this out.    
Answered on Oct 06th, 2011 at 7:29 PM

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