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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 16261
Experience:  Experienced Licensed Attorney
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I have a home that I am owner financing to a young lady. I

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I have a home that I am owner financing to a young lady. I am named as a loss payee on the policy. She filed a roof claim and apparently received a check SOLEY made out to her. She spent the $5000 check on other things and now I ultimately have a bad roof. Do I have any remedies with either her and/or the insurance company?
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

If the person who is financing a house from you forged your signature on the check that had been issued in both name, that would constitute felony forgery and you will be able to report this crime to the local police and DA so they can investigate and prosecute such criminal action.

Basically, at this point it is important to wait to receive a copy of the check to see whether it was issued to the lady who is financing this house from you or both names before taking any action.

I wish you the best of luck and please let me know if you have any related follow up questions.
Customer: replied 3 years ago.

But what about my original question? If the insurance company DID just make the check out to her, what are my remedies (either with the insurance company, since they ignored that I am listed as a loss payee or to the lady that is still living in the house with a bad roof and $5000 richer?)


Thank you for your follow up.

If the insurance company failed to issue a check in both names as they are required to do, you might be able to file a formal complaint with the insurance company and Texas Department of Insurance and if the insurance company fails to resolve your complaint, you might be able to take both insurance company and the person that is financing the house from you to small claims court for breach of contract / financing agreement / mortgage.

I wish you the best of luck!
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