If my insurer pays a claim to me and both my name and the name of the finance company appear on the check, can I just deposit in my account?

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If my insurer pays a claim to me and both my name and the name of the finance company appear on the check, can I just deposit in my account?

I do intend to use the check to fix the damage that the claim is for.

Asked on May 25, 2011 under Insurance Law, Arkansas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, you need to have your finance company sign off (endorse) the check to you so you can cash it. Be careful because this can cause some ruthless companies to actually hold your check and go through some rigorous requirements to get portions of that money at certain intervals. You may need to work with the lender to have the money given to you in portions as the work is being completed on your home. Talk to your lender first, before you send the check. If you don't like the answer it gives you, contact the insurance company and see if it can simply reissue a check in your name. It may not do that because the lender has a security interest in your home, but it is certainly worth a shot.


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