My husband and I sold our house about half a year ago and the title company issued a settlement check for $110,000 to both of us. My husband forged my endorsement and deposited the check to his personal account. The check cleared. I called the bank that cleared the check, but they told me they don't have the right to investigate and asked me to take legal action. Is it true? What legal action should I take? Is finding an attorney the only way? Can I claim the depository bank reimburse the check?
I also asked the title company (check issuer) for a copy oftthe cleared check, but got no response. As a payee, do I have the right to ask? Is the title company responsible to provide me the related information? I am really confused. Please advise.
As a payee on the check, you have the right to file a claim with the issuer that you did not endorse the check and received no benefit from it (assuming that both statements are true). You would have to provide the issuer with an affidavit to that effect.
The issuer would then file a claim with its bank, which would file a claim with the bank that took the check for deposit. That last bank would bear the responsibility for attempting to recover the funds from your husband. Talk to an attorney before initiating a claim.
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