I purchased an official check from Wachovia bank in the amount of $2500.00, payable to an escrow company. I gave the check to a real estate agent. He disappeared, and the check has been cashed, but not through the escrow company. It was cashed at a BOA branch. I went to my local BOA branch to get information, they told me the account is closed. They wouldn't give me any names due to privacy, and they don't know how it got cashed. Do I have any protection against the fraud? Can any of the banks be accountable for my loss? How can it be cashed at the branch?
Ask Wachovia for a form for claiming a forged endorsement, and have the escrow company complete it and have it notarized. Then take the form to Wachovia and ask the bank to make a presentment warranty claim against BOA. BOA should honor the warranty and reimburse Wachovia, who should reimburse you. Given the facts as you've presented them, BOA is liable and it will have to attempt to recover money from whoever cashed the check in the first place.
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Ask Wachovia for a form for claiming a forged 