View Full Version : Bank clears a check without proper endorsements
MZDAWNALINA1974
Nov 27, 2009, 02:18 PM
Can a company cash a check made payable to 4 people, 2 individuals, 2 companies without all signing the check, it was made out like this,
ms. John doe and mr. John doe and xx company and xx company
twinkiedooter
Nov 27, 2009, 02:33 PM
A company can make out a check like you suggested but all parties must sign and the check then must be deposited in one of the company's bank accounts. I've seen similar checks made out that way - usually insurance settlement checks.
MZDAWNALINA1974
Nov 27, 2009, 02:41 PM
You its an insurance settlement check, the compnay that cashed it is a third party representing my mortgage company, what do I need to do now, who do I file with to get this compnay in trouble for fraud, they knew I didn't sign it.
twinkiedooter
Nov 27, 2009, 03:06 PM
Contact the insurance company who issued the check. They are the only party to report this fraud to. The mortgage company should have gotten your signature.
Fr_Chuck
Nov 27, 2009, 03:10 PM
The person who "cashed" or deposited it was the one who should not have done this.
Checks are processed electronicly now adays and often a real person never reviews them
MZDAWNALINA1974
Nov 27, 2009, 04:36 PM
Yes, I have filed a fraud report through insurance company but the problem is they said the inveestigation takes 3-6 months, how come the insruacne company doesn't issue another check and then it go after the company itself. Any further help or suggesstions would be appreciated.
MZDAWNALINA1974
Nov 28, 2009, 02:43 PM
Anyone else have any suggesstions for me, I did file a cliam with my insurance company, but like I said could take 6 months to get another check issued, how can I make it faster.
Fr_Chuck
Nov 28, 2009, 03:03 PM
Many mortgage companies are keeping these checks, it was on the TV news this last week
MZDAWNALINA1974
Nov 28, 2009, 04:04 PM
Can they legally do that without me signing it.
Fr_Chuck
Nov 28, 2009, 05:10 PM
It is unclear at this point from the news articles, if you were behind in any payment it is more likely.
The issues here were the flood a couple months ago, and many lenders were behind so the banks took the checks for late payments, Going to end up in court from what the TV news were saying.
MZDAWNALINA1974
Nov 30, 2009, 11:05 AM
How can they take insurance monies for house payments, don't it state in insurance policies its to fix the home. I don't understand this at all but thanks anyway
themoneyladder
Dec 1, 2009, 11:10 AM
If you see the word "AND" (as in "John Doe AND XX company AND...."), all parties must endorse the check. If you see the word "OR" between the names, only one must endorse it.
Banks aren't too strict about this rule with joint account holders, spouses etc. but in a case like this with companies and individuals all on the list, I'd think it is best for all the endorse it.
For more practical solutions to personal finance issues, visit www.themoneyladder.com