Consumer Protection Law

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Can I force mortgage company to distribute a specific amount…

Customer Question
Can I force mortgage...

Can I force mortgage company to distribute a specific amount of an insurance check? or do they get to make me jump through whatever hoops they want

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Melbourne FL flood claim

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Insurance paid, mortgage holding funds and making ridiculous requirements for distribution

Submitted: 5 months ago.Category: Consumer Protection Law
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Answered in 1 minute by:
11/13/2017
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10,156
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Can I make the assumption that the work has already been done? Or, is there work still waiting to be done on your home.

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Customer reply replied 5 months ago
I would like to do the work myself and have already done over 50% of the repairs. They want me to get a contractor because the insurance check is over $40k. If I do not, they will only reimburse submitted receipts. Even after 100% inspection they will only reimburse submitted receipts according to the loss draft department. Then there will have to be some "approval" for the remainder of the funds. Can I demand 1/3 now, 1/3 after 50% inspection and the remainder after final inspection?
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thanks for following up. You certainly could demand 1/3 now to start the work on the project; however, unless your agreement says that you are either entitled or required to have that money, then they don't have to do such a thing. However if you have the capabilities of finishing this work, and need $ to get started to purchase supplies and possibly labor, and the insurance company is not complying, then this appears to be a violation of the implied covenant (promise) of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state started. What other questions did you have for me?

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Customer reply replied 5 months ago
Is there any sort of regulatory agency that governs their behavior? Basically they just get to do what they want and hang on to money that I paid the premiums for? I am so frustrated with the situation.
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 5 months ago

Generally, your local department of banking or insurance is going to govern the insurance companies; however, they usually look at the big picture stuff like whether they are approving claims or acting in a fraudulent manner. Otherwise, the law requires them to act in good faith with the insured. I can understand your frustration, but you can use the law to your advantage to try to get something out of this, but generally the law requires you and the insurer to work cooperative as much as possible. I'm very sorry. What other questions did you have for me?

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 5 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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