Legal Question in Civil Litigation in New York

I recently settled a homeowners claim and have an insurance check in my name and motgage company's name, the mortgage company is refusing to endorse the check and mail to me, so i can get the repairs complete because I am in default...Is this legal?


Asked on 6/13/11, 10:09 am

1 Answer from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

The answer depends on the nature of the homeowner's claim. It appears that the check was issued to repair or construct a damaged area of the property. As such, the insurance company wants to ensure that the settlement is used for the purposes for which it was issued. If you are serious in following through with the repair/reconstruction rather than pocketing the money, I suggest you contact the company, come in to an agreement regarding who to contract for the construction work and sign over the check to the company to effectuate repairs.

Read more
Answered on 6/13/11, 10:19 am


Related Questions & Answers

More General Civil Litigation questions and answers in New York