My wife got a cashier's check in her name to be held for a deposit for an apartment rental for our son. The rental agency cashed the check without her endorsement. The bank cashed it without endorsement. Is this legal for the bank and the rental agency?
Assuming that your wife gave the check to the rental agency without endorsing it, the negotiations of the check to the rental agency and from the agency to its bank and thence to the check issuing bank, were not complete without the original payee's endorsement. If your wife and son got no value in the form of an apartment lease or other value from the rental agency or the owner of the apartment, she can attempt to file a claim with the issuing bank that she neither received value from, nor endorsed the check, and ask for reimbursement. She will need to include an affidavit as part of her claim.
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Assuming that your wife gave the check to the rental agency without endorsing it, the negotiations of the check to the rental agency and from the agency to its bank and thence to the check issuing bank, were not complete without the original 