Legal Question in Consumer Law in Florida

I had water damage due to a busted main drain in the bath tub of my house. Due to this leak I had damage to the wood floors, kitchen and bathroom cabinets and drywall. The insurance company paid but sent the check to our name as well as the mortgage company. The mortgage company is now asking for a contractor to due the repairs and is asking the contractors to sign lien waivers, w-9 forms along with contracts. Most contractors I have met with will not sign lien waivers until they get paif in full and are telling me that asking for w-9 before they work or get paid is not legal. The mortgage company will not release any payments until they receive the paperwork requested. In the mean time our floors are a mess and we have not been able to do any clean up on the water. My wife has asthma and I am afraid that mold is growing among all of this mess. The mortgage company has asked us on several occasions if we would like to apply the claim amount towards the balance of our mortgage. Can someone tell me what can I do here as I am under the impression that the mortgage company is not interested in fixing this problem but to keep the claim amount.

Asked on 8/11/09, 3:03 pm

Sarah Grosse Sarah Grosse, Esquire

0 users found helpful

0 attorneys agreed

Have an attorney write a letter to the mortgage company. Hopefully that will do the trick.

Answered on 8/12/09, 9:02 am

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