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Ask Maverick Your Own Question
Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6391
Experience:  20 years of proefessional experience
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Hey Pearl! I'm ********* and in the middle

Customer Question

Hey Pearl! I'm ************n and in the middle of a 'storm' with PennyMac Loan over distributing my insurance proceeds from loss (flood) that occurred on apr 17 this year in Houston townhome. Is there anything you guys might suggest or can do?
JA: The Consumer Protection Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No. I am 'googling' this now.
JA: Please tell me everything you can about this issue so the Consumer Protection Lawyer can help you best. Is there anything else important you think the Consumer Protection Lawyer should know?
Customer: Yes, the PMac loss draft services, dep (third-party service not affiliated w PennyMac) representative, Cody, on Friday 5/13 guaranteed me that my advance check would be sent for distribution via UPS no later than Mon this week and that I would receive it at the latest today, Wed., 5/18. I not only do not have the check that was promised and they are appearing to answer that everything is still in 'review' and nothing release yet. I have had contractors do demo for the past 3 weeks and they have not been paidsi nce my advance checkfor $8k has not been released. I just fedexed the ins bid along with usaa remaining check of $68k to them and I know this situation is going to be very difficult to approach in getting this department to release my funds. Sorry for the length
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Consumer Protection Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
AM i supposed to coninue on this forum?
Expert:  Maverick replied 1 year ago.
yes, I am looking at your question back shortly...
Customer: replied 1 year ago.
Hey Maverick - thank you, Sir.
Expert:  Maverick replied 1 year ago.
Hello Betsy: Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….
Expert:  Maverick replied 1 year ago.
I tried to accept your phone call request but your payment did not process; see note above.
Expert:  Maverick replied 1 year ago.
I just fedexed the ins bid along with usaa remaining check of $68k to them and I know this situation is going to be very difficult to approach in getting this department to release my funds. 1. Can you please explain more about the above statement. What is the 68k for and who did you send it to? 2. Why do believe they are having an issue releasing the funds?
Customer: replied 1 year ago.
HI - in response to your question What is the 68k for and who did you send it to. I had a flood lost occur in Houston, TX on Apr 17. My home was inspected by FEMA (authorized through my USAA coverage) and the field adjusters' bid came to $76,454.05. I was offered an advance check of $8k before any bids were done since this was a FEMA declared state of disaster. I received the approved adjuster's bid as well as the insurance proceed money for $68,454.05 (less the $8k already issued). I sent the bid and insurance proceeds to PennyMac Loan Services, LLC, Loss Draft Services scottsbluff, Nebraska address overnight since they are the mortgage company.IT seems clear to me since I do not have any monies released to me AT ALL that I cannot rely on information given to me. My insurance company has explained / directed them several time in the way to handle this claim, they really do not understand anything at all, and I do not have the technical expertise to speak insurance talk. They have not released my advance check issued 3 weeks ago and are still making excuses that things are 'being reviewed.'
Customer: replied 1 year ago.
For further clarification, I was promised by Cody on Friday last week that once the bid was received by them that money would be released. I have no confidence in anything that comes from speaking with them and I am sick of the rat chase.
Customer: replied 1 year ago.
I am just seeing the note about payment not processing. This may be because my cc company thinks it is suspicious. I will call them and I need to know first if you can point me to a Texas firm who may help.
Expert:  Maverick replied 1 year ago.
We are not permitted to refer any specific law firm to JA customers. If all you are wanting is a referral to a homeowner's insurance lawyer, you can try this link and pick a firm that you like. 1. Were both the checks made out jointly to you and PennyMac? 2. So, you sent PennyMac one check for 8k and another for 68k?
Customer: replied 1 year ago.
Yes, sorry I was not more clear. Yes, both checks were made jointly to myself and Pennymac and after endorsing the 8k and 68k check I then sent to PennyMac where it was put in escrow acct.
Expert:  Maverick replied 1 year ago.
This appears to be a clear case of negligence [incompetence] on the part of Penny's third party agent for which Penny can be held liable under the doctrine of respondeat superior. Under the doctrine of respondeat superior, a principal or employer may be vicariously liable for the tortious acts of an agent or employee if the acts are within the course and scope of employment. See F.F.P. Operating Partners, L.P. v. Duenez, 237 S.W.3d 680, 686 (Tex. 2007); Baptist Mem. Hosp. Sys. v. Sampson, 969 S.W.2d 945, 947 (Tex. 1998); Ogg v. Dillard's, Inc., 239 S.W.3d 409, 418 (Tex-App.-Dallas 2007, pet. denied). At this point, I would give it a day or two to receive the check; but in the meantime file a complaint with Penny directly and let it know that the third party agent is creating delays for no reason and if that delay causes additional damage to you, you will have no choice but to sue both the agent and Penny for negligence. I would send them correspondence by mail, fax, and email and by phone calls and create a paper trail at this point so that down the road you can argue that they intentionally caused the delay. Does this answer your question?
Customer: replied 1 year ago.
Yes, your answer is most helpful! Do I get an atty to draft the complaint or just try to draft it on correspondence with my signature?
Expert:  Maverick replied 1 year ago.
For now, you do not need an attorney to draft the complaint; rather just send them a dated and signed letter explaining the problem and keep sending that every 7 days for about 3 weeks. Each time you may want to add a new total for the damages this is causing you for any money you are out of pocket. After that you may want to hire a lawyer.