What to do if my home was damaged from a frozen pipe burst 10 months ago but I can’t get the insurance company to release the funds?

It took several months for my homeowner’s insurer to send a repair claim check, which had to be forwarded to my mortgage company for endorsement. My mortgage company received the check last month and to date has refused to release the funds for various reasons. I’m a single mom and have been without a kitchen all of this time. Any help or guidance you could give to expedite my repair funds, would be greatly appreciated,

Asked on October 6, 2014 under Insurance Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for the situation. You may need a little muscle here but I do not want you to start to pay legal fees out with out trying a few things first.  First, even though your insurance company did technically pay out the claim, file a complaint with the state Insurance Department. They held up paying out for too long.  Next, file a complaint with the state Banking Department as to your mortgage holder.  That should start some movement.  Then I would consult with an attorney about writing some letters on a flat fee basis threatening a lawsuit for the return of the funds and ask if you could file a claim against the mortgage holder based upon the reasons that they allege for holding the funds ransom.  I wish that you had listed some of them here but the attorney in the consultation should be able to let you know if they are valid or not and how to get around them.  Good luck.


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