Legal Question in Real Estate Law in California
I have my mortgage loan with Well Fargo since April 2010 and they have never asked or stated in the loan document for the HO-6 insurance. Suddenly, now they want the HO-6 insurance for my townhouse and they already setup the escrow account for me to pay $53/mo. (in addition to the monthly mortgage payment)
Do I have to comply?
1 Answer from Attorneys
Probably, but if you already are paying for fire insurance, you should be able to make arrangements so you don't have to pay twice for the same coverage.
Almost all lenders require fire and other hazard insurance on properties they accept as collateral, and I'd be very surprised if the requirement to carry insurance isn't printed into your loan documents.........review your papers carefully, looking not necessarily for a reference to HO-6 insurance, but to fire insurance or casualty insurance or the like.
Also, loan documents generally authorize the lender to obtain a policy to cover your property and to bill you for it if you fail to provide suitable insurance coverage and to notify (or have the insurer notify) the lender. The easiest way to get this resolved is probably to go to your friendly insurance agent to whom you are paying premiums, and ask for assistance in convincing the lender that you're properly covered and that the additional coverage is unnecessary.