Re: Trump committed insurance fraud in 2005 in Florida
Posted by:
Ima just make up some shit
()
Date: September 08, 2017 06:35PM
Perry Masonary Wrote:
-------------------------------------------------------
> Ima just make up some shit. Wrote:
> --------------------------------------------------
> -----
> >
> >
> > You can, you're just on the hook for the lien.
>
> Actually no you can't.
>
> If you have a mortgage or a lien, the insurance
> company is required to put them on the check. The
> insurance company has a duty to protect the
> interests of a lien holder or mortgagee. I have
> heard of instances where mortgage companies have
> signed off on a check, but usually only for small
> amounts, not damages in the millions.
>
> The last thing a mortgage company wants is to have
> to foreclose and then find out the property is
> damaged and you ran off with the insurance money.
So you realized that you were wrong about the first part. That's progress.
As I said, you can in the case of the latter but you're on the hook for it if you do. The lien holder doesn't sign off on repairs at a detailed level. If your basement floods and you get money to do the repairs and choose not to replace the carpet or other damaged items, no big deal. If there's some major structural damage and you skirt off with the money, yeah, you'll probably have a problem if that later affects the lien holder. Note that I didn't say that it was a good idea. But you still CAN do it. If you continue to repay the debt as required or otherwise satisfy the lien holder, then you're good. The asset itself is just security for the loan/lien. The obligation itself remains with you.
I've been through this a few times with beach property that my family has. The last time that it got wiped out we decided not to rebuild and just continue to hold the land (which was most of the value anyway). We got the full value for what was damaged. We only had to satisfy the bank for what little we owed at that point that its interests were secured. We were not forced in some way to spend the money to rebuild. The obligation to the bank is separate from the contract with the insurance company. There is no obligation in and of itself forced by the insurance policy to use the money in any specific way.