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-   -   Bank clears a check without proper endorsements (https://www.askmehelpdesk.com/showthread.php?t=419837)

  • Nov 27, 2009, 02:18 PM
    MZDAWNALINA1974
    Bank clears a check without proper endorsements
    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
  • Nov 27, 2009, 02:33 PM
    twinkiedooter

    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.
  • Nov 27, 2009, 02:41 PM
    MZDAWNALINA1974

    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.
  • Nov 27, 2009, 03:06 PM
    twinkiedooter

    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.
  • Nov 27, 2009, 03:10 PM
    Fr_Chuck

    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
  • Nov 27, 2009, 04:36 PM
    MZDAWNALINA1974

    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.
  • Nov 28, 2009, 02:43 PM
    MZDAWNALINA1974

    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.
  • Nov 28, 2009, 03:03 PM
    Fr_Chuck

    Many mortgage companies are keeping these checks, it was on the TV news this last week
  • Nov 28, 2009, 04:04 PM
    MZDAWNALINA1974

    Can they legally do that without me signing it.
  • Nov 28, 2009, 05:10 PM
    Fr_Chuck

    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.
  • Nov 30, 2009, 11:05 AM
    MZDAWNALINA1974

    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
  • Dec 1, 2009, 11:10 AM
    themoneyladder
    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

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