Legal Question in Banking Law in Florida

The roof of the home I live in was damaged by tornando winds. Bath, kitchen and wood floors were damaged due leaking water. I'm paying insurance on the property, but I'll lose the property in a foreclosure sale in ten months (Jan.2011).

Insurance company sent a check endorsed to me and bank. The bank wants me to sign check and mail to them.

Is it legal for bank to keep funds paid by insurance company, and not return funds to me too make repairs on property since I owe them?


Asked on 2/22/10, 7:09 am

1 Answer from Attorneys

Matt E. Bales, Jr., Esq. Bales & Bales, P.A.

Generally your loan documents require you to make the bank a loss payee on your insurance policy so that the bank can ensure that any insurance proceeds paid will be used to make repairs to the property.

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Answered on 2/27/10, 7:17 am


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