checks cleared, but she claims non-payment - Posted by Susan

Posted by Rich-CA on December 30, 2008 at 20:27:54:

I think this is probably the best approach. You have satisfied yourself that all is correct on your end (did you check the account number it was deposited to in case someone got her signature but did not put the check in her account?). And you have taken action that will hopefully take care of both your problem and the old woman’s problem.

checks cleared, but she claims non-payment - Posted by Susan

Posted by Susan on December 26, 2008 at 16:55:25:

We pay a mortgage payment to 2 individuals. The one is all of a sudden coming forward claiming she has not received the last several months payment (she has moved out of state in the last several months and hasn’t had a problem in 5 years until she moved…unsure of why she waited if she has not received several months of payments???). I told her every payment for the last year has cleared my bank, provided her with dates and check numbers. She is elderly and has a son that lives nearby her. I don’t know how to get a hold of him, but I believe he is probably depositing the checks for her. She insists he is not. She says I should pay for copies of the cleared checks to prove that I made the payment and so she can see the signature, but there is a fee for every check I order. I told her I’d do it, but I’d take the total of the fees out of the mortgage payment, because it’s not fair to me that I have to pay for issues she is incurring on her part. She says she is going to hire a lawyer and I should be responsible for paying those fees to get the copies of the checks. I encouraged her to hire the lawyer, because I know I have been doing the same thing for the past 5 years and that I am sending the checks where she told me to and they are being cashed. Will she be responsible for all of the fees proving I have been doing the correct thing, as well as my legal fees, or will I have to file a lawsuit to recoup those fees after this matter is settled?

Re: checks cleared, but she claims non-payment - Posted by Susan

Posted by Susan on December 30, 2008 at 15:32:29:

I did get a copy of the last canceled check. Signature definitely looks like hers, based on all of our paperwork from the closing. I’d say it’s genuine. I honestly think she is losing her mind. I have gathered info to send to her and have included a letter stating that if she is still not satisfied, she needs to contact her lawyer, and any fees I incur as a result from this point, including legal, I will attempt to recoup. Seeing as I have all of the proof I need, I’m sure she’d have to reimburse me. I am sending copies of everything to her son so that he is brought to light of the situation and can help to care her for more.

Tell her to call her Son - Posted by DJ-nyc

Posted by DJ-nyc on December 29, 2008 at 11:27:28:

and fax her copies of the checks. free downloads at BOA.

Happy Holidays!


Tell her you’ll see her in court - Posted by John Merchant

Posted by John Merchant on December 28, 2008 at 14:11:09:

Go ahead and insist she sue you, then you can recover your atty fees and court costs and any other expense you might incur.

My guess would be she never will.

Another idea to consider…open a note collection acct with a note and have all future pmts made to them, then let them pass the pmts on via her directions.

This will stop all that silliness.

Order the checks - Posted by Rich-CA

Posted by Rich-CA on December 27, 2008 at 22:57:06:

You should use a bank that returns originals (like the WAMU Business checking) to ensure as readable a copy as possible. Or an institution (like my credit union) who puts the images online so you can see and print them yourself. Get the copies and get a few from before the date she says there was a problem. Compare the signatures to make sure they look the same. Could be the son is forging the signature. The son may even have a Power of Attorney so it may not even be forgery. AFTER you have your evidence you will know which way to go.

If the bank where the checks are being deposited has changed, contact the bank and start an investigation into the problem of your payments being stolen and deposited into their bank. Especially if the bank changed about the time the payments went missing.

Its important that instead of trying to shave every dime out of the situation that you get a clear picture of what is going on. You may even suggest an escrow company to accept and deposit payments to ensure you are both getting what you expect out of the transaction.

Re: checks cleared, but she claims non-payment - Posted by brandoncbsre

Posted by brandoncbsre on December 27, 2008 at 16:38:29:

I agree with what Bill has said. I will add that it would be wise for you to attempt a refinance once this has been taken care. You dont need the stress from her and rates are great.

There is a saying about how you should never argue with an idiot because someone observing might not be able to tell the differnce.

Good Luck to You and Happy New Year

Re: checks cleared, but she claims non-payment - Posted by Bill H

Posted by Bill H on December 27, 2008 at 08:00:33:

Appears to me we are being penny wise and pound foolish.

From your post, perhaps the lady is a bit senile. And; until you get the information she wants nothing is going to change her mind.

Unless your bank is charging an exhorbinate fee, just get copies, make copies for your records, send them to her and clear it up.

Any attorney is going to charge at least $150 to $100 per hour for his work.

Who wins in a lawsuit, the attorneys, they get paid whether you win or lose.