Legal Question in Real Estate Law in Florida

mortgage company holding insurance settlement

I live in sw Fl and just went thru a hurricane I have 33,000$ damage and the mortgage company has been holding this $. they said it is in restricted escrow but I have never seen this on my statements the check has been cashed am I entitled to the interest on this money and do I have to put back exactly what was adjusted? ie A detached garage they totaled out that I don't want again I would like a pole barn instead can they tell me how exactly the money is to be spent? Is there any way I can get them to just give me the money instead of having to jump thru circus hoops to get what is mine.


Asked on 3/28/05, 10:03 am

1 Answer from Attorneys

Craig Dorne Craig M. Dorne, PA

Re: mortgage company holding insurance settlement

NOTE: This communication is NOT intended as and should NOT be interpreted as legal advice. Rather, it is ONLY provided FOR a general discussion of legal principles. The facts you provided DO NOT provide ALL of the details necessary to FULLY and PROPERLY respond to the question you have posed. You should NOT rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the Response below, you AGREE: (i) that the opinion expressed is NOT intended to be legal advice and DOES NOT constitute legal advice to you or any person reviewing such information; and (ii) DOES NOT, create any attorney-client relationship and WILL NOT be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Reply: The use of the funds is dependent on your mortgage agreement. The bank has a right to protect its investement and that is why the check is made out to you and the bank. They have to relese the funds for your repairs, but you have no right to use the funds for other things. You need to review your insurance policy and if you need help in interpreting it you should consult with an attorney in your area.

Read more
Answered on 3/28/05, 10:12 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida