mic/jim
winter haven,#2Author of original report
Wed, December 11, 2013
Contractor has been charged and even had to reimburse money, which had to be sent to WFPL. We paid to have kitchen rebuilt and turned in everything they asked for also passed the 100% inspection. They have accidentally sent money and cancelled check,they have "accidentally" sent a Hold Harmless agreement for us to sign and return. Now they say the legal dept has to review it and the legal dept has no time limit to get back to us!! I am feeling like this is a conspiracy because of this and other circumstances we are late on payment now they can take house with new kitchen and the funds. They are aweful!! I hope their is someone that can beat them at there game and win for everyone they have put through this agonizing process!
voiceofreason
North Carolina,#3Consumer Comment
Sat, July 14, 2012
It is unreasonable of the bank to prevent these folks from getting the repair work done, since that's the end shot of them holding the funds, and when you multiply all such funds they owe by what they get for in turn lending it out in loans or investing it, they do quite well from the float. That's why their profits have skyrocketed.
A possible mechanics lien would have the same effect whether issued before or after the work is done and money spent. They just flat out sound like they're stalling the family on purpose to hold the money as long as possible.
And unfortunately these people probably got to now throw more money away on a legal fight. Hopefully a state agency can help them.
IamGood
Fort Worth,#4General Comment
Fri, July 13, 2012
Interest rates are being paid out at a historically low rate. How can the Mortgage Company make money off of a check when the interest rates being paid out right now are prob about 1%???? How much do you refer to as a Mint?
I responded to the other post left by this same Author, and explained that the reason that WFMC will not release the check is that they feel the contractor (even if they are not licenced), may have legal claim to some of the money.
If they release this check to the home owner to hire another contractor, then the current contractor may have the legal right to sue the home owner, and get a lein against the home.
They are waiting for the Court Case to see what a judge has to say!!!!
voiceofreason
North Carolina,#5Consumer Comment
Fri, July 13, 2012
Try Googling "mortgage lender withholding casualty insurance proceeds" and similar queries, see what you come up with.
What little I got is that the lender has a lot of loopholes in your contract allowing them leeway in holding onto those funds, BUT they are not allowed to do so in "bad faith" and standing pat against express legal actions being taken against this contractor smacks of "bad faith" to me.
But since they make a mint by earning interest on these funds while they hold onto them, without even a requirement to pass any of that interest back to you in the end, they've little reason to rush the process unless you sick some kind of legal notice on them.
At the very least, I think y'all need to get a lawyer involved.
It's really horrible. Wish I had better advice. Maybe others seeing this will.
Contact whatever state agency by you governs banks and lenders. They might be willing, or even required, to intervene.
If that fails, try posting on legal help sites like avvo.com or lawyers.com so you can at least get some idea what you're facing before looking for a lawyer. You don't want to hire some do-nothing shmuck who'll end up making matters worse.