Who gets the check for home damage.

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Who gets the check for home damage.

In Missouri who will my insurance company give the check to for tree damage to my house($15,000). I’d like to spend the money on more pressing needs and fix it myself later. I do have a mortgage.

Asked on May 29, 2009 under Insurance Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Even though you have a mortgage, it's your house and you're responsible for its upkeep and making decisions regarding expenditures. The insurance agency has to give the check to you and you decide how to spend or apply it. Unless you get behind on your mortage and your bank or lender forecloses, the lender has no say on what you do with the house and no claim on your insurance. (The lender can and does demand that you *have* insurance to make sure their interest is protected, but again, as long as you're making your payments and not in foreclosure, they can't touch the insurance proceeds.)

 


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