Legal Question in Real Estate Law in Florida

Sinkhole and mortgage company.

I have a sinkhole and the insurance company has authorized repairs but my mortgage company is refusing to release the money to us for cosmetic repairs. They said we have to have 50% of the work done with only 1/3 of the check and they have to inspect it to make sure we did it properly. I cant repair 50% of the house on 1/3 of the check. Is this legal?


Asked on 7/03/07, 10:19 pm

2 Answers from Attorneys

Matthew Weidner Matthew D. Weidner, P.A.

Re: Sinkhole and mortgage company.

You need to have an experienced attorney who has handled these types of cases to review your policy and determine what the insurance company must do. You may contact me directly to discuss.

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Answered on 7/03/07, 10:40 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Sinkhole and mortgage company.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. 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" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The bank is also a named insured under the policy. Under the terms of your mortgage, they have the right to hold the insurance proceeds to make sure work gets done. They do not have the right to hamper your ability to get repairs made by making unreasonable demands.

You should have an attorney write a letter to them demanding that they cooperate in getting the work done and paid for. Failing such, you might have to take them to court.

Scott R. Jay, Esq.

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Answered on 7/04/07, 12:56 am


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