Uncashed check

by Guest » Sat Sep 18, 2010 02:50 am
Guest

check issued for home claim with my name and lender, but i no longer own house. The house was first included in BK and then foreclosure. House sold with profit to lender. I think I deserve a portion of the check , but the bank will not accept without the lender's endorsement.
What should I do with the check? Whenever i try to get new insurance they bring this claim up, but i never got the funds.

Total Comments: 6

Posted: Sun Sep 19, 2010 01:37 pm Post Subject:

How long ago are we talking about? And what was the claim for -- something that occurred while you occupied the house or after you departed? If the claim is for property damage, were repairs made?

Your answers are important in order to be able to offer assistance.

Whenever i try to get new insurance they bring this claim up, but i never got the funds.



Has absolutely nothing to do with getting any money or not. It has everything to do with a claim being submitted and/or paid. Identifies potential risk factors to a new insurer.

Posted: Mon Sep 27, 2010 10:53 am Post Subject: Best Auto Insurance

Post edited and link removed as per the TOS
- try this one. I have their car insurance and, as I know, they can provide such a service.

Posted: Wed Sep 29, 2010 12:41 pm Post Subject:

Max, can the owner consult with the lender under such circumstances? Does the lender have anything to do with it?

Posted: Wed Sep 29, 2010 06:20 pm Post Subject:

check issued for home claim with my name and lender, but i no longer own house. The house was first included in BK and then foreclosure. House sold with profit to lender. I think I deserve a portion of the check , but the bank will not accept without the lender's endorsement



Is the check (A) for a loss that occurred while you were the "owner" or is it (B) for damage to the property after you left?

If (A) and the damage to the property was repaired at your expense, the value of the check is yours, bankruptcy or not. On the other hand, if the damage was repaired by the lender following foreclosure, the value of the check belongs to them.

You also state the home was sold by the lender at a profit. If that is true, then you were entitled to the excess of their recovery above what you owed them (or at least it was due to the bankruptcy court to be used to settle other debts.

Contact the lender to discuss the situation and to find out how to get their endorsement on the check. If they won't cooperate (unlikely), then you could go back to the insurance company to try and get a check written in your name alone (also unlikely).

Posted: Sun Oct 24, 2010 12:07 pm Post Subject: Uncashed Check

The loss occurred while I was in the house, and minor repairs were done out of pocket with one repair costing more than I could afford without the check.
The property had a conv. mortgage and it was sold "as is " . Went to look at property (10/19/10) the last repair still have not been be done.
Should I write the insurance company and ask that another check be issued and return the first one to them?
Max Herr, Help!

Posted: Sun Oct 24, 2010 07:24 pm Post Subject:

Is the check out of date? Most insurance company checks have some kind of "expiration" date on them ("Not valid more than 90 days from the date above" kind of thing). If the check is now "spoiled" as to the date, then just call the insurance company how to get it replaced. They will probably require you to return the outdated check before they will issue a replacement.

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