Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Insurance Proceeds - What is next step?

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  • Insurance Proceeds - What is next step?

    FIRST ISSUE: I owned a parcel of real estate that was a pre-marital paid off asset; maintained homeowner insurance for 25+ years in my name only. New spouse borrowed against property, took out note/loan solely in his name, insurance always in my name. He allowed house to go into foreclosure, bank put forced insurance on home in his name even though the property was insured in my name. Had a flood in basement. Contractor contacted insurance company to repair, he received direct authorization from adjuster to go ahead and do the work. I did not authorize him to do the work since I did not have the funds to pay him. Insurance company has since written check to me and lender (I am not on the note), instead of me and contractor. Although I am not on the mortgage notes I included the mortgage companies in my chapter 7 which consisted of medical bills, no cc bills, no loans, no other debts. Now the contractor is wanting his check and the lender is refusing to sign the check to pay the contractor. They want the contractors money to be applied to my spouses mortgage debt but he was not an insured and his name is not on the check.

    Correct me if I am wrong here, it appears the lender is trying to:
    1) collect from me on a discharged debt;
    2) collect from me on the debt of another;
    3) apply contractor payment to arrearage of spouse when he is not an insured under the policy;
    4) violating the bankrupty injunction as to denying me my "fresh start" by attempting collection of a debt thru coercion.

    Made a call to the trustee who indicated I should just have the insurance company reissue the check to me and the contractor, insurance company refuses to do so. Adjuster states in OH, all insurance proceeds must be made payable to lender and homeowner. Is my only option to re-open the br case and file a violation of the bankruptcy injunction, and is this the proper thing to do?

    SECOND ISSUE:The insurance adjuster hired her "friends" to perform the clean-up, which had to be re-done by my contractor. Her "friends" got paid without me or the mortgage company on their check. Yetthis appears in direct contradiction to what she had told me that proceeds must be payable to lender and homeowner, yet she paid her "preferred friends" directly, (I never saw a bill nor signed off that it was satisfactory and it was never inspected by her or the lender). They left mold on the walls in the basement and it was not a satisfactory job, yet her "preferred friend" got paid. Isn't this a little unethical or does this happen all the time with adjusters? Adjuster also made telephone calls to spouses lender asking about spouses loan, details of mortgage without his permission when he was not on the policy.

    I am just desperate to get the contractor paid as expediciously as possible before he brings a suit against me, and without reopening my chapter 7, unless that it is the only way to get it accomplished. Any help/advice would be appreciated.

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