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Mis-appropriation of Mortgage Check?

A check was made payable to the bank for the mortgage. The loan officer deposited it in his own account by signing the back. It was for $81,000. The bank gave him $21,000 cash and the remaining was put in his account. Is there liablity to the bank?


If you are asking whether the bank is liable for allowing the transaction, it is. If the check was payable to the bank for $81,000, the transaction as you have described it, should have waved all sorts of red flags for the bank. Hopefully, you are able to convince the bank that it has a significant legal problem on its hands.

Published on BankingQuestions.com 9/16/08