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Can a mortgage company hold funds from an insurance claim if I am not the person on the mortgage?

Weymouth, MA |

My father held the mortgage to our home in his name alone. He past away in Jan. of this year. I am on the deed and I am owner by survivorship. In March I filed an insurance claim due to a wind storm that tore off part of my roof. I have completely followed all of the mortgage company's rules as to handling the claim, paper work, etc. As of this date I am still unable to repair my roof because the mortgage company is holding the funds and refuses to talk to me as they say I am not authorized on the account. The homeowners insurance is in my name and the check from the insurance company was also in my name. Can the mortgage company hold the funds not allowing me to fix the roof?

Attorney Answers 1

  1. You did not state that you were named as the personal representative or executor so you should have that person contact the mortgage company and demand payment to the estate and then the estate can pay you. The executor may have to provide the order appointing the personal representative signed by the probate judge to the mortgage company in order for them to act but that should be all you need. If they continue to refuse you need to involve the probate lawyer.

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