Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am sorry for your situation. Unfortunately, many mortgage companies have an annoying habit of doing this with all types of payments. Not because they have
to, but because out of their own administrative rules/procedures.Could this be considered tortious interference, if my contract with the client guarantees me all insurance funds within three days of disbursement from insurance?
It is not tortuous interference, but it is something else. Allow me to explain. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.
In order to prevail on a claim alleging tortious interference with contract
, a plaintiff must establish the existence of a valid contract and that the defendant acted intentionally, without privilege or legal justification, to induce another not to enter into or continue a business relationship with the plaintiff, thereby causing the plaintiff financial injury. Atlanta Market Center Management Co. v. McLane, 503 SE 2d 278 - Ga: Supreme Court 1998
. This is meant if the mortgage company actively and FOR THE PURPOSE OF DISRUPTION does something.
Not quite it here, however, they may be liable for money had and received
. Under the common law doctrine of money had and received, recovery is authorized against one who holds unspecified sums of money of another which he ought in equity and good conscience to refund. OCGA § 23-2-23(b)
So if they are holding on to money WHICH IS YOURS, then this is arguably money had and received and if this causes you damage, you may sue for the damage caused.
Let me know if you need a sample letter threatening to sue unless they release the money.
Gentle Reminder: Please use the REPLY
button to keep chatting, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
and then submit
, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct.
I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating