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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118074
Experience:  Attorney experienced in commercial litigation.
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I had an insurance claim on my home itwas 29k. The insurance

Customer Question

I had an insurance claim on my home itwas 29k . The insurance com made the check to me and my mortgage company I called them and they advice me to pay off mortgage which was 2900.00 and have remainder sent to me, did that , now there saying since I have an equity note, there not releasing my money the damage was done to my pool, ni damage was done to my home, how can I get this money I've talked to 5 different ppl with the loss division and keep getting run around
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: Yes insurance adjuster gave me detaile report and I sent that to them, I've spent around 11k out of my pocket to get stuff done sent them invoice and there are giving me the run around on issuing me the money
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 3 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.
It is typical for insurers to send checks in name of mortgage and homeowner, because many times owners do not make repairs with the money and then the property is devalued and impairs the mortgage company's rights in the property.
However with only owing such a little amount in this case it was actually a economically wise choice. They cannot refuse to turn over your money, especially since you need to make repairs. If they refuse, you need to send them a letter informing them if they do not send your check within 7 days you will notify the Insurance Commissioner and file a complaint for unfair and deceptive practices and breach of contract in bad faith and you will also seek legal fees and extra damages as provided for malicious and willful bad faith.
If you do not get the check in 7 days, you need to file the complaint with the insurance commissioner and if they cannot resolve it you need to sue them for breach of contract and unfair practices, since they cannot withhold your money due you.
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Customer: replied 3 months ago.
I have an equity note on the house for 69k, the pool was the only thing damaged, the house is paid for, do I still have the rite to get all my money back
Expert:  Law Educator, Esq. replied 3 months ago.

Thank you for your reply.

You have a right to your money back from them for the repairs. Whether there is an equity note or not, they cannot just keep the money and not pay it out to the contractors for repair.

Expert:  Law Educator, Esq. replied 3 months ago.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.