Reviewed and approved by Samuel Corso, licensed Texas insurance agent.
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Why is my mortgage company on my insurance claim check in Texas?
A home repair claim check that names your mortgage company next to you can come as a surprise. This guide covers what the Texas Department of Insurance (TDI) says about how the check is written, what to read before you endorse it, how the money is released, and who TDI says to call if the money is not released.
The short version. In Texas, if you owe money on your home, the insurance company will make the check for repairs out to both you and your mortgage company, according to the Texas Department of Insurance (TDI) Home insurance guide. The same guide says that in most cases the mortgage company will deposit the check and release money to you as the work is done.
What any individual policy or loan agreement requires depends on those documents' terms, so treat this as general information rather than advice about your particular contract.
Why the lender's name is on the check at all
TDI's Home insurance guide says a claim check for repairs to a Texas home with a mortgage will be made out to both the homeowner and the mortgage company. In the guide's words: "If you owe money on your home, the insurance company will make the check for repairs out to both you and your mortgage company."
TDI's fire, smoke and explosion damage FAQ, a page written for those kinds of loss that includes general questions about claim checks on financed property, describes the same practice with a qualifier. It says that in most cases the insurance company will make the check payable to both you and your lienholder, that both of you will have to endorse it before it can be cashed, and that you and the lienholder would then agree on conditions for the release of funds. It adds: "In some cases, the lienholder may keep the money and release it to you as repair work is completed."
The two pages differ slightly. The Home insurance guide says the repair check will be made out to both of you if you owe money on your home, and the FAQ says this happens in most cases. The Home insurance guide also treats personal property separately: it says that if you have to replace your clothes, furniture, and other personal items, the insurance company will make the check out to you.
Neither page gives a reason for the practice. For a homeowner, the practical point is that a joint check on a financed home matches what TDI describes.
What TDI says about a check payable only to the mortgage company
A home claim check made out only to the mortgage company is covered in TDI's fire, smoke and explosion damage FAQ, which was written for those kinds of loss. In its homeowner section, the FAQ says: "Your insurance company cannot make a check for a claim payable only to the mortgage company." It goes on to say that if that happens, you should not accept the check and should request that it be reissued to you and your mortgage company jointly.
The same FAQ answer adds that if you still owe money on your home, the insurance company will most likely send the check to your mortgage company, and that both you and the mortgage company will have to endorse it before it can be cashed.
A separate question in the FAQ covers a lienholder that cashed a settlement check without your knowledge or endorsement. The FAQ's answer is to call the Texas Department of Banking at 877-276-5554.
So the payee line is the first thing to look at when the envelope arrives.
Before you endorse anything, read both sides of the check
Before endorsing a home insurance claim check in Texas, find out what the check represents. In its fire, smoke and explosion damage FAQ, a page about fire, smoke and explosion losses, TDI says that if you're not satisfied with the amount of your settlement, you should talk to your adjuster or insurance company before cashing the check. It gives the reason: "Cashing the check is often considered acceptance of the company's settlement offer, which would release it from any additional liability for your claim." The same answer says to read both sides of the check carefully, because some companies include a disclaimer stating that cashing it means you've accepted the settlement as final.
The FAQ also says to make sure you understand whether the check is a full or partial payment. It explains that in some cases a company will make only a partial payment so that you can begin repairs, and will pay the remainder after you give it proof that you made the repairs.
For repair claims, TDI's Home insurance guide says: "If you have a replacement cost policy, most companies pay with two checks." According to the guide, the first check comes after the adjuster has looked at your damage and is for the estimated cost of repairs, minus depreciation and your deductible. The company gives you a check for the amount it kept for depreciation after it gets the bill for the finished job. The guide adds that you usually must complete repairs within a certain period of time.
Neither TDI page says whether the second check also names the mortgage company. Knowing which payment a check is helps you keep track of what is still to come.
What TDI says the mortgage company tells you, and when
TDI's two pages each describe what a mortgage company does after it receives a home claim check, and they describe different steps. The Home insurance guide says the mortgage company may ask you for more information before it releases money to you. Its examples are a list of the work to be done and cost estimates, information about who's doing the work, and timelines. It then says: "After the mortgage company gets the information, it must release all or some of the money to you within 10 days."
The fire, smoke and explosion damage FAQ, which TDI wrote for fire, smoke and explosion losses, describes a notice step as well. It says the mortgage company is required to tell you what its requirements are for releasing the money, and to give you that notice within 10 days after it receives the check from the insurance company. It says that once you have given sufficient evidence to show that you have met those requirements, the mortgage company has 10 days to release the funds.
Each 10-day period on those pages starts from an event you can date, such as the day the mortgage company receives the check or the day it receives what it asked for. Keeping a dated record of each can make a later follow-up easier.
Who to call when the money doesn't move
TDI's two pages name different agencies to contact about a mortgage company and home claim money, depending on the situation and the kind of lender. The table lists each one with the page it comes from. The FAQ rows come from a page written for fire, smoke and explosion losses.
| Situation, as the TDI page describes it | Who the page says to contact | TDI page |
|---|---|---|
| Your mortgage company doesn't release the money on time | Texas Attorney General's Office, 800-252-8011 | Home insurance guide |
| You have a concern about a private mortgage lender | The FTC, which the FAQ names in full, 877-382-4357, or the Office of Consumer Credit, 800-538-1579 | fire, smoke and explosion damage FAQ |
| The lender is a state-chartered savings and loan or bank | Texas Department of Savings and Mortgage Lending, 512-475-1350 | fire, smoke and explosion damage FAQ |
| The lender is a federal-chartered lender | Office of the Comptroller of the Currency, 800-613-6743 | fire, smoke and explosion damage FAQ |
| Other cases (the FAQ says HUD can help in some instances) | U.S. Department of Housing and Urban Development, 800-225-5342 | fire, smoke and explosion damage FAQ |
| Your lienholder cashed your settlement check without your knowledge or endorsement | Texas Department of Banking, 877-276-5554 | fire, smoke and explosion damage FAQ |
TDI's Home insurance guide also ends with TDI's own number for questions, 800-252-3439.
Which row fits depends on the kind of lender that holds your loan. If you are not sure, you can ask the company that services your mortgage.
A practical order of operations
These are steps you can take when a Texas home insurance claim check arrives with your mortgage company's name on it. The order is Credify's own, and the facts inside each step come from the TDI page linked in that step.
- Check the payee line. TDI's fire, smoke and explosion damage FAQ, written for those kinds of loss, says that if a check is payable only to the mortgage company, you should not accept it and should request that it be reissued to you and your mortgage company jointly.
- Read both sides before endorsing. The same FAQ says cashing a check is often considered acceptance of the company's settlement offer, and says to make sure you understand whether the check is a full or partial payment.
- Endorse and send it on. TDI's Home insurance guide says that when you get the check, you'll need to endorse it and send it to the mortgage company. You can note the date the mortgage company receives it.
- Know what the mortgage company may ask for. The Home insurance guide's examples of what a mortgage company might ask for are a list of the work and cost estimates, information about who's doing the work, and timelines.
- Date what you send. The Home insurance guide's 10-day period for releasing all or some of the money runs from when the mortgage company gets the information.
- Read your loan documents. They may set their own terms for insurance money.
- Plan for staged payments. The Home insurance guide says that in most cases the mortgage company will deposit the check and release money to you as the work is done, and that most companies pay a replacement cost policy claim with two checks.
- Use the contact table if the money is not released on time. The agencies TDI names are listed in the table above.
Key facts
- TDI's Home insurance guide says that if you owe money on your home, the insurance company will make the check for repairs out to both you and your mortgage company, and that a check for personal items such as clothes and furniture will be made out to you.
- TDI's fire, smoke and explosion damage FAQ, a page written for those kinds of loss, says that in most cases a claim check on financed property is made payable to both you and your lienholder and that both will have to endorse it before it can be cashed.
- TDI's fire, smoke and explosion damage FAQ, a page written for those kinds of loss, says an insurance company cannot make a claim check payable only to the mortgage company, and that if it does, you should not accept it and should request a check reissued to you and the mortgage company jointly.
- TDI's Home insurance guide says that in most cases the mortgage company will deposit the check and release money to you as the work is done, and that after it gets the information it asked for, it must release all or some of the money within 10 days.
- TDI's fire, smoke and explosion damage FAQ, a page written for those kinds of loss, says the mortgage company is required to tell you its requirements for releasing the money within 10 days after it receives the check, and has 10 days to release the funds once you have given sufficient evidence that you have met them.
- TDI's fire, smoke and explosion damage FAQ, a page written for those kinds of loss, says cashing a check is often considered acceptance of the company's settlement offer, and says to read both sides of the check carefully.
- TDI's Home insurance guide says that if you have a replacement cost policy, most companies pay a repair claim with two checks, the second after the company gets the bill for the finished job.
- TDI's Home insurance guide says that if your mortgage company doesn't release the money on time, you can complain to the Texas Attorney General's Office at 800-252-8011.
Sources: Texas Department of Insurance, Home insurance guide and Frequently Asked Questions about Fire/Smoke/Explosion Damage. This page is general information, not legal advice.
Take the next step
When a claim check names your mortgage company, the next steps are to read the check, send the mortgage company what it asks for, and keep dated copies of what you send. That record gives any follow-up request something specific to refer to.
If you're in the middle of a storm claim now, our guide to filing a hail or storm damage claim in Texas covers the documentation and adjuster steps that come before the check, and how the wind and hail deductible works explains the number that gets subtracted before any of this starts. If the claim has you rethinking the policy itself, why home insurance goes up in Texas is a useful next read.
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