We had some hail damage to our roof and deck after a bad storm and made a claim with our insurance company. The damage was in the 5 figure range, but the estimate for the deck was only a couple of thousands dollars. Our mortgage company made the insurance company make the check out to both of us and it was paid out over two checks. We made the repairs to the roof and it passed the inspection.
However, we decided not to repair the deck because the damage was minimal. Our mortgage company is now getting on us to make the repairs to the deck so that they can close it out and are threatening to force us to return that portion of the money. We don't feel that we should have to make the repairs to the deck because we can take care of it ourselves whenever we decide to do so AND given the fact that the insurance company paid the claim, our mortgage company shouldn't have any say so in how we spend or don't spend the money.
We checked with our insurance company and they agreed that we don't have to make the repairs to the deck if we don't want to.
Are we legally obligated to make the repairs to our deck or can we tell our mortgage company to go pound sand?