Q: If I get a check from my insurance company for the damage to my property, do I have to send the check to the mortgage company?

A: Not necessarily. In fact, I recommend you look at your Deed of Trust very carefully. You can get your deed of trust several ways. First, try contacting the lawyer that closed the loan on your home to get a copy. If you are not successful here, then contact your bank and ask for a copy. If this does not work, call the Chancery Clerk for the County in which you live to get a copy. Please ask for land records when you call. They will want your exact address. Please tell them that you want a copy of your Deed of Trust and would like to pick it up if they can make a copy for you. The numbers for the Chancery Clerk are: Hancock County: 228-467-5404 Harrison County: 228-865-4094 Jackson County: 228-696-6264. Please note that this number is a temporary number since the main courthouse was damaged due to the storm so the clerk's office is temporarily at the Jackson County fairgrounds off of Shortcut Road. Please note that your rights and the mortgage company's rights are set out in the Deed of Trust. Some mortgage companies may try to require you to do things which are not within this document. You are not required to do it. If you get a copy of your Deed of Trust and you read it and still do not understand what to do, please call me as I will personally help you through it for free. I will also be happy to give you some tips on negotiating with the mortgage company because I know if you get a check, you cannot wait on the mortgage company to get your house repaired. If you do not want to call me and want to speak to another lawyer for free, please see our other questions about free legal help and our "resources" link which is located on the home page for other helpful websites.