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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118809
Experience:  Attorney experienced in commercial litigation.
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I am in California and have a 42k ins claim. the funds were

Customer Question

hello, I am in California and have a 42k ins claim. the funds were disbursed to me and the lender. The lender released one check for $17k, but now has not released the rest. We have been requesting it for going on three weeks. They have lost the info we sent in, then misinformed us regarding what steps were needed next to get the funds. I have complied with all their requirements and now have called, emailed and left message for multiple people over the last five days and cannot get anyone to respond. We have already paid $6500 out to a contractor (that we cannot afford) and it even made us bounce our check to them, the lender, for our mortgage this month. What recourse do we have?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: ca
JA: Have you contacted the manufacturer?
Customer: my lender is holding our funds, not a manufacturer
JA: Anything else you want the lawyer to know before I connect you?
Customer: my email is***@******.*** and my phone number is(###) ###-####
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the lender is refusing to release funds and you have made payments or have received the repair work covered by the insurance payment, then the mortgage company is in breach of contract and you can sue them for damages including for bouncing the check and for any other damages their refusal to issue the check properly has caused. You need to start by writing a demand letter to the mortgage company demanding payment and include copies of all documentation of work done that they claim they lost. Inform them in the letter that if they refuse to pay this demand in 14 days from date of the letter, your next step will be filing suit for breach of contract and you will seek damages for their willful and malicious misconduct in breaching the contract in the amount of triple damages plus attorney's fees for their bad faith actions.
If they refuse to still release the money, you will need a local consumer protection law attorney to file suit against them and seek your money and damages.
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