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  Home >> Checks/Money Orders  
Depositing Joint Check into Personal Account

My ex-husband recieved a check from a mortgage company that was made out to the both of us. He deposited it without my signature into his personal account. Do I have any rights in this matter?

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If the payee names were connected with "and" or an "&" symbol, the check was not properly negotiated without your endorsement. You can contact the mortgage company to follow up. If your name was not signed as part of the endorsement, or was forged, and you received no part of the check proceeds, you should have the right to demand from the mortgage company whatever your interest in the check is.

You'll probably have to supply the mortgage company with an affidavit that your signature was forged, if applicable, and that you did not receive any part of the proceeds of the check or any benefit from the proceeds. Then the mortgage company will pursue claims back to your ex-husband's bank, which should not have accepted the check for deposit. If you aren't able to get anywhere with the mortgage company, speak to an attorney.

Published on BankingQuestions.com 9/16/08