Mortgage Co. cashed my insurance check

[COrnguy]

without my endorsement. Had a $10,000 settlement for a new roof a month before I filed Chapter 13. I have a 5 year plan to get them caught up, but now what? I need a new roof! Both mine and their name was on the check. I didn't sign it and made it understood that they needed to return it. Has been going on 9 months now.

Thanks in advance.

[Flamingo]

without my endorsement. Had a $10,000 settlement for a new roof a month before I filed Chapter 13. I have a 5 year plan to get them caught up, but now what? I need a new roof! Both mine and their name was on the check. I didn't sign it and made it understood that they needed to return it. Has been going on 9 months now.

Thanks in advance.

Is your attorney aware of all this and, if so, what did he/she tell/advise you?

[justplaintired]

That seems illegal to me somehow. If you insurance co sent a check for a roof, how can a mortgage co keep the check for anything but that? I would contact my attorney and then if it is illegal, I would contact my insurance co and get them involved.

I know we had a roof put on using insurance on our home and there was specific things that needed to happen, check signed by both us and mortgage co and it had to be used for the roof, nothing else.

Good luck and be sure to let us know what happens.

[Minnymouth]

Well, you can kiss that $10,000 GOODBYE.......... the Trustee WILL TAKE IT............. if he wants it.

Mine sure did, roof or no roof................. he took roughly $5,000
for roof repairs from a storm that come thru. Trustee took the check and the roof repairs where done at my own expense.

Yours may depend on your percentage of payback in your Chapter 13. You may end up getting to keep part of it. Will depend a lot on your Trustee.......

Mine was a Chapter 7. My Trustee had very, very, very greedy hands!!!!!! He took anything and everything attached and unattached he could get his hands on........

I asked him why he just didn't take the clothes off my back also while he was at it...... and he told me he could "throw me out on the street" if I didn't keep my mouth shut!!!

Believe me the Trustee doesn't give a D*** whether you have a roof or not............ and he has the power to seize and cash that insurance check if he wants too for his creditors. You could appeal it with the judge, but probably wouldn't do much good.

Let me know what happens with all of this............ I'm curious as to the outcome....

[lrprn]

without my endorsement. Had a $10,000 settlement for a new roof a month before I filed Chapter 13. I have a 5 year plan to get them caught up, but now what? I need a new roof! Both mine and their name was on the check. I didn't sign it and made it understood that they needed to return it. Has been going on 9 months now.

If the check was made out to - [mortage company] OR COrnguy- , then I believe they had every right to cash it without your permission. If the word AND was between your names, then I believe you did need to sign the check as well. Which is it?

Have you asked your bk lawyer for advice about what to do in this situation? Nine months is long enough to tell you that your mortgage company does not intend to resolve this without some additional outside pressure.

[lrprn]

COrnguy, I merged your two new threads asking the identical question. It's against our forum rules to post the same question more than once in different forums. You'll get better and more responses this way with a single thread.

In the future please just post your question once - thanks!

[krielly]

I too will be interested in hearing what your attorney has to say.

Since the roof is obviously for the property their mortgage is secured by, it would seem to be in their best interest to ensure that a new roof is installed............I'm perplexed by this one.........

K

PS: During these past few months - what exactly has been their response to your requests?

[krielly]