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Mortgage Company on Insurance Check: How to Get Funds Released

If you have a mortgage, your insurer usually makes repair checks out to both you and your lender, because most mortgages require it to protect the lender's interest in the home. The servicer typically deposits the money and releases it in stages as repairs are done, so call its loss draft department early, learn its requirements and keep every request in writing.

Your mortgage company is named on your insurance check because your home is the lender's collateral, and most mortgages require it. To get the money, you usually endorse the check, send it to your servicer's loss draft department, and the servicer releases the funds in stages as repairs are completed and inspected.

The process can feel slow and confusing. Knowing the rules, and putting every request in writing, helps you get paid faster and keep your contractor working.

Why is my mortgage company on my insurance check?

The Consumer Financial Protection Bureau ↗ (CFPB) says your insurer "generally pays your settlement with a check made out to both you and your mortgage servicer or lender," and that "most mortgage agreements require this to protect the lender's interest."

The NAIC ↗, the national group of state insurance regulators, explains that most lenders require you to list them as the mortgagee on your policy. Because of that, the NAIC says, the insurer "is obligated to include them on the check for major repairs," and you'll need to work with your lender to get its signature (NAIC ↗).

Checks for other parts of a claim, such as personal belongings or additional living expenses, may be handled differently. Ask your insurer how each payment will be issued.

How the release process usually works

According to the CFPB, the typical pattern is (CFPB ↗):

  1. The servicer "releases a portion of the settlement money before work begins so you can hire a contractor."
  2. "As the work progresses, the servicer typically releases more money."
  3. "The rest is released once the job is finished and the home passes inspection."

The Texas Department of Insurance ↗ describes the same process: you endorse the check and send it to the mortgage company, which usually deposits it and releases money as work is completed. It may ask for a list of the work, cost estimates, contractor information and timelines.

What the servicer may ask for

Requirements vary by servicer and loan type. TDI lists the kinds of things a mortgage company may ask for (TDI ↗):

  • A list of the work to be done
  • Cost estimates
  • Information about who is doing the work
  • Timelines for the repairs

Servicers often have their own forms and may ask for more. Have the insurer's estimate and payment letter ready, and ask for the servicer's full list in writing at the start so you don't lose weeks to back-and-forth.

Fannie Mae loans: what servicers are told to do

If Fannie Mae owns your mortgage, it sets rules for the companies that service them. Its Servicing Guide section on insured losses (B-5-01 ↗) says, for properties that can be legally rebuilt:

  • If your loan is current or less than 31 days delinquent: the servicer may release an initial disbursement of up to the greater of $40,000, 33% of the proceeds, or the amount by which the funds exceed what you owe. The rest is released based on periodic inspections of repair progress, and "a final inspection is not required."
  • If your loan is 31 or more days delinquent: proceeds of $5,000 or less may be paid in one payment. Above that, the servicer releases an initial 25% (capped at the greater of $10,000 or the amount by which the funds exceed what you owe), then more in increments after inspections, with a final inspection required.
  • Contents and living expenses: the servicer must "immediately issue the borrower a check" for proceeds designated for contents or living expenses.
  • Interest: interest on funds held is generally paid to the borrower after repairs are complete, unless applicable law allows otherwise.

To find out whether Fannie Mae owns your loan, ask your servicer. FHA, VA, Freddie Mac, USDA and private loans have their own rules, so ask your servicer which guidelines apply to you.

State law example: Texas deadlines

Some states set deadlines for lenders. In Texas, for damage to a home (Tex. Ins. Code ch. 557 ↗):

  • Within 10 days of receiving the insurance money, the lender must tell you every requirement you must meet to get it released (s. 557.002).
  • Within 10 days of your request for release, the lender must either release the money, if you've shown you met its requirements, or explain specifically why it refuses and what else you need to do (s. 557.003).
  • A lender that misses these deadlines must pay you interest at 10% a year on the money it holds (s. 557.004).

TDI says that if a mortgage company doesn't release funds on time, you can complain to the Texas Attorney General's Office (TDI ↗). See our Texas page.

Other states may have different rules or none. Check your state's page or your state insurance or banking department.

Step-by-step: getting your insurance money released

  1. Call the loss draft department. Ask your servicer for its claim or "loss draft" department, not general customer service. Get the claim reference number.
  2. Get the requirements in writing. Ask how much will be released up front, what triggers each draw and how inspections are scheduled.
  3. Endorse and send the check as instructed. Ask your servicer exactly where and how to send it. Use tracked mail and keep copies of both sides.
  4. Line up your contractor. Share the servicer's draw schedule so the contractor knows when money will arrive.
  5. Request inspections promptly. When a stage is done, request the inspection right away and confirm the date in writing.
  6. Track every release. Keep a log of amounts requested, released and still held.
  7. Keep paying your mortgage. The CFPB stresses that you're still responsible for payments while your claim is paid out (CFPB ↗). If you can't, ask your servicer about payment relief (CFPB ↗).

If your servicer is holding the money too long

  • Escalate in writing to a supervisor in the loss draft department. List what you sent, when, and what you're still waiting for.
  • Cite the rules that apply, such as your state's law or your loan investor's guidelines.
  • File a complaint with the CFPB at consumerfinance.gov/complaint ↗.
  • Contact your state regulator. Depending on the lender, that may be your state banking, financial or insurance department.
  • Talk to an attorney if large sums are being held without explanation or you face foreclosure.

Where a public adjuster fits in

A public adjuster negotiates the claim with your insurer. They can't force your servicer to release funds faster, but they can make sure the claim amount is complete and help coordinate paperwork. The NAIC model law ↗ lets a public adjuster contract name the adjuster as a co-payee on the insurer's check, which adds another endorsement step. Ask how the adjuster handles this before you sign.

If the main problem is that your servicer is slow, a public adjuster may not add much. If your claim was underpaid, see our underpaid claim guide or get matched with a licensed public adjuster.

This guide is general information, not legal advice. Servicer requirements and state laws vary.

Not sure your claim was handled fairly?Answer a few questions and we'll match you with a licensed public adjuster in your state. Free, no obligation.
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Frequently asked questions

Why is my insurance check made out to me and my mortgage company?

Most mortgages require the lender to be named on claim payments for home repairs to protect its interest in the property, according to the CFPB and NAIC.

How do I get my insurance money from my mortgage company?

Endorse the check, send it to your servicer's loss draft department as instructed, and meet its requirements. The CFPB says servicers typically release part of the money before work begins and the rest as work progresses and passes inspection.

How long can a mortgage company hold an insurance check?

It depends on your state and loan. In Texas, the lender must tell you its requirements within 10 days of receiving the money and respond to a release request within 10 days, or owe interest.

Does the mortgage company inspect the repairs?

Often, yes. For Fannie Mae loans that are current, servicers release remaining funds based on periodic inspections, but a final inspection is not required. Delinquent loans require a final inspection.

Can the mortgage company keep the insurance money?

Servicers generally hold and release repair money as work is done. Under Fannie Mae's rules, proceeds go toward the loan balance if the property can't be legally rebuilt. Your mortgage documents and state law control other situations.

Do I have to keep paying my mortgage while I wait?

Yes. The CFPB says you're still responsible for payments while your claim is paid out. Ask your servicer about relief options if you can't pay.

Sources

  1. CFPB, How do home insurance companies pay out claims?
  2. CFPB, What do I do if my house was damaged or destroyed, or if I'm unable to make my payment after a disaster?
  3. CFPB, Submit a complaint
  4. NAIC, What You Should Know About Settling a Homeowners Insurance Claim
  5. NAIC, A Consumer's Guide to Home Insurance
  6. Fannie Mae Servicing Guide B-5-01, Insured Loss Events
  7. Texas Insurance Code ch. 557 (insurance proceeds held by lender)
  8. Texas Department of Insurance, Home insurance guide
  9. NAIC, Public Adjuster Licensing Model Act (MO-228)

Rules and deadlines vary by state and policy. This guide is general information, not legal advice.