Legal Question in Insurance Law in Virginia

We live in Virginia. Our mortgage company is in California. Our mortgage company finances the house and land. We put up a bot-up building on a slab and cinderblocks (to give it more height). The mortgage company would not help finance the building or include it in an appraisal. We paid for everything that was done to the building.

Now we've had snow damage (in December and January). Our problem is that the insurance company sent us a check for damages (over $30,000) that is in our name and our mortgage company's name. Now the mortgage company wants to keep the majority of the money until after they inspect everything. They never inspected it the first time. We feel like the mortgage company has no right to any of the money since we paid for everything. Is there some way we can keep the mortgage company out of this?


Asked on 4/26/10, 10:15 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Contact the insurance company to see whether they might br willing to reissue

the check in your name only, explaining that the building for which the insurer is

paying damages caused by the winter snow storms is not part of the

original property covered by the current mortgage nor is it subject to separate financing, and that you have paid for the entire cost of erecting this structure on your land.

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Answered on 5/01/10, 10:37 am


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