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Old 10-22-2015, 10:09 AM
 
Location: Home is Where You Park It
23,856 posts, read 13,754,224 times
Reputation: 15482

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Quote:
Originally Posted by Rabrrita View Post
You have a whole lot more trouble coming your way than just this check issue. You stated you also paid once by a "Cashier's Check" and that was returned also. As already mentioned, a Cashier's Check is drawn on the banks funds and account, not yours. So, if the Cashier's Check you presented was returned, your bank is in Big Financial trouble and you need to get your money out of that bank as fast as as possible as their doors are about to be shut!
Yes, this is one of the many things in this story that simply makes no sense. A cashier's check is like cash with a paper trail. A valid cashier's check *cannot* bounce, just like a valid money order cannot bounce. That's why people use them. People do counterfeit cashier's checks and money orders, just like they counterfeit money, but the bank is the victim, not the perpetrator!


Quote:
Originally Posted by Rabrrita View Post
My bank has whats called a Notice of Paid Funds. Its a simple one sheet form that states on a certain date they cleared a specific transaction through the named financial clearinghouse. That has always been the accepted form of proof of payment. It doesn't matter what their financial institution is claiming since yours said it was cleared and if the electronic fingerprint (all transaction have proof their bank was informed the money is theirs) show they received the money, it's on them to figure out what happened.

For some reason you're going from Florida to Georgia via Maine, Alaska, Arizona, back to Alaska, through Montana....... JUST GET YOUR BANK TO CERTIFY THE FUNDS WERE ELECTRONICALLY CLEARED!!!!!!! That's all you need. FYI, if your bank can't give you that paper, they are lying to you about clearing it. If you can't get that from them, start packing because the eviction will go through.
^^^^ This. Another reason why this story makes no sense. Once you've shown that a) the rent checks were written and b) those checks cleared, it's not *your* job to find the money! And I cannot imagine why anyone who accepts checks as payment would demand that you do so.

There's some holes in this story somewhere...

Edited to add - a bank once messed up and issued both me and another person checks that had the same account number - I noticed when my checks started bouncing. I called to inquire (this was before online banking), the rep and I went through the transactions over the phone and I protested that I hadn't written some of the checks, which was easily verified since the handwriting and sigs were different, she apologized, and the bank took care of it from there. Took about half an hour. No problem. I didn't need to go to the bank, set up any meetings, or even present any paper.

Last edited by jacqueg; 10-22-2015 at 10:23 AM..
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Old 10-22-2015, 10:49 AM
 
Location: Hammond
305 posts, read 569,580 times
Reputation: 359
Quote:
Originally Posted by karen_in_nh_2012 View Post
MP? Who is that? Did you mean PM? But the PM and LL are on the same "side" so the PM wouldn't "demand" that of you. I'm confused.

(Or did you mean "his first demand was FOR US to talk to the LL's bank"? I read it as the MP/PM demanded that he be able to talk to the LL's bank ...)
Correct. PM's first email said we need to contact their bank (LL's) and have it resolved in 2 days.

Quote:
Originally Posted by karen_in_nh_2012 View Post
Why is it taking so long??? This is insane.

I mentioned in a previous post that a few weeks ago the bank that holds my mortgage somehow linked my account to someone else's. I was checking online to make sure an early mortgage payment had gone through, and it had, but I saw that the bank listed 2 accounts for me. When I checked on the other account, I saw right away that it wasn't mine. I called the bank while I was still online and told them about the mistake. Within 5 minutes, the account was deleted from my list of accounts.

Again, it should not be taking your partner's bank this long ...
The actual account combination was resolved weeks ago. This person is seeing if there is any residual complications with the account, especially after we pointed out that there were discrepancies between statements printed at different dates (mostly that transactions that he had actually made had disappeared). That representative has only been involved since last week after running through several unhelpful bank representatives. The manager he went to when he found the first account error actually asked him "how did you let this happen?" like it was his fault.

Quote:
Originally Posted by jacqueg View Post
Yes, this is one of the many things in this story that simply makes no sense. A cashier's check is like cash with a paper trail. A valid cashier's check *cannot* bounce, just like a valid money order cannot bounce. That's why people use them. People do counterfeit cashier's checks and money orders, just like they counterfeit money, but the bank is the victim, not the perpetrator!
It is possible that my partner did not understand the terminology here. But I can not judge either way as I have yet to see the full set of cancelled checks. Only the first one, which was available for viewing online. Since reading up on them, i also don't understand how a banker's check could bounce.
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Old 10-22-2015, 11:02 AM
 
Location: Southern New Hampshire
10,048 posts, read 18,076,437 times
Reputation: 35846
OP, I'll repeat one more question that I asked: what did your partner's bank say when he showed them the "returned items" from the LL (which the LL gave you guys after you showed them that your bank was showing the items as "cleared")? As I wrote before, as soon as your bank saw them they should have seen that there was a contradiction in showing "cleared" on your end and "returned" on your LL's end -- and the problem should have been resolved THEN AND THERE.

I am astonished at the horrendous service you guys are getting. I would have absolutely, positively insisted on getting this resolved weeks/months ago, even if I had to keep going up the ladder of management.
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Old 10-23-2015, 11:17 AM
 
Location: Raleigh
13,713 posts, read 12,439,565 times
Reputation: 20227
Quote:
Originally Posted by karen_in_nh_2012 View Post
He did that already. See the post right above yours, some of which I have repeated below ...

OK, what did your BF's bank SAY when they saw the return notices? It seems like this should have been resolved right then and there. Because of the NSF and "account closed," I am thinking that the bank's mix-up with accounts (mingling your BF's with someone else's) DOES have something to do with the problem.
I didn't see anything that said they had copies of the cancelled checks...
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Old 10-24-2015, 03:07 PM
 
Location: Hammond
305 posts, read 569,580 times
Reputation: 359
So...this gets even more complicated.

As previously stated my BF previously had the checks in question traced (did this twice actually), and he pulled copies of the cancelled checks. But for some reason, he gave all of the paperwork to his financial adviser and didn't keep a copy for himself. I wanted to go to the LL today and show them the evidence again, as I was not sure they got it all last time, so we headed off to the bank.

For the sake of trying a different angle, and because the manager at one of the other banks was a complete jerk, I suggested we go to a branch he has never been to before. The employee pulled up his account, and says, the account has been closed due to fraudulent activity for 3 weeks. There was no evidence of a savings account opened under his name, and there were only 6 transactions recorded, including only one of the checks.

This doesn't make any sense. We had 5 pages of transaction history in front of us, for both savings and checking. All autopay bills are still being paid and my BF even withdrew cash from his account 3 days ago. But they clearly did something, because he has been locked out of online banking and his debit card hasn't worked for a few weeks also. He keeps calling to get it fixed, and the customer service representatives that say "wow, that's ridiculous that it's been taking so long to get resolve, we will get right on that." But not one person until today has said, "oh by the way, your account is closed." So now there is a massive amount of money that has just dissipated, including the funds that supposedly went to our LL and two cashiers checks, that not only did the impossible and bounced, but now have no record of ever existing on our end.

Since it was a Saturday, the branch couldn't do anymore for us while corporate was closed. I found it absurd that the employee couldn't even print out a statement to show the account was closed. We will continue on Monday morning.

Has anyone ever had a bank screw things up so much?
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Old 10-24-2015, 03:27 PM
 
28,115 posts, read 63,680,034 times
Reputation: 23268
If a bank screws up I fire them...

Thankfully there are plenty of banks and better yet for me a credit union...
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Old 10-24-2015, 03:56 PM
 
Location: Hammond
305 posts, read 569,580 times
Reputation: 359
Oh, yeah. The employee was saying that once we get all of this worked out you he can reapply to have his account reopened. I don't know about my BF, but if it was me, there'd be no chance of that happening. The level of incompetence has been amazing.
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Old 11-06-2015, 02:25 PM
 
Location: Hammond
305 posts, read 569,580 times
Reputation: 359
Okay, so let's try this again...and hopefully my partner isn't reading.

So you all were right. From what I have put together over the last couple days, it seems that my BF is in the wrong. The bank records he presented appear to be forged. It seems he may have never had the money available, and was just writing checks to a closed account. This has gone to court, and a couple weeks ago, i hired a lawyer to help us out. I gave the lawyer this fake evidence, at the time not knowing that it wasn't legitimate. Earlier this week, he met with the LL attorney and bought us 2 more weeks of time as long as we pay this month's rent within a week.

Meanwhile our attorney is going to look into the bank situation. Any day now I think he is going to find out what I already highly suspect: that the statements are not real...I found the Word files for 2 of them on my BF's computer. I can pay the November rent, but I don't have enough to cover us for 5 months without asking for a really big favor from my family.

Any thoughts? What would one of you do in this circumstance?
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Old 11-06-2015, 02:46 PM
 
4,286 posts, read 4,762,355 times
Reputation: 9640
What a mess! You need to first get you partner to tell you the truth. You also need to talk to your lawyer now and give him the correct information. I would not wait for him to discover it on his own. Since this is a court matter you will need an attorney help to straighten this out. It would not surprise me if there were criminal charges filed. Your BF committed fraud, lied to you and made you a part of this mess. I think housing might be the least of your problems.

Good luck OP, you're going to need it.
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Old 11-06-2015, 03:08 PM
 
Location: Home is Where You Park It
23,856 posts, read 13,754,224 times
Reputation: 15482
Quote:
Originally Posted by Ned B View Post
Okay, so let's try this again...and hopefully my partner isn't reading.

So you all were right. From what I have put together over the last couple days, it seems that my BF is in the wrong. The bank records he presented appear to be forged. It seems he may have never had the money available, and was just writing checks to a closed account. This has gone to court, and a couple weeks ago, i hired a lawyer to help us out. I gave the lawyer this fake evidence, at the time not knowing that it wasn't legitimate. Earlier this week, he met with the LL attorney and bought us 2 more weeks of time as long as we pay this month's rent within a week.

Meanwhile our attorney is going to look into the bank situation. Any day now I think he is going to find out what I already highly suspect: that the statements are not real...I found the Word files for 2 of them on my BF's computer. I can pay the November rent, but I don't have enough to cover us for 5 months without asking for a really big favor from my family.

Any thoughts? What would one of you do in this circumstance?
Ned, I am so sorry. It can be devastating to learn that someone you trusted has proved so unworthy of that trust.

Your first priority needs to be disentangling yourself financially from this person. Put your stuff in storage and live in a friend's garage if you have to.

Change all your credit cards immediately. Open your own checking account if you haven't already. Get a PO box of your own, and have all your mail sent there.

You CANNOT trust him, about anything at all. Your BF is either a deeply troubled person who needs a lot of emotional help to clean up his act, or he is a stone-cold cheat. But whichever it is, he is not capable of telling you the truth, you cannot rely on anything he says. Let that attorney negotiate on your behalf with both your LL and your BF.

Edited to add - I concur with the poster who said you need to tell the attorney NOW what you suspect.
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