Rent Check stolen and Cashed

10 Replies

I purchased an owner-occupied triplex in December that I will not be able to occupy until February (203k). One of my inherited tenants currently cannot work and is having his rent paid by a non-profit.  Yesterday I called the non-profit to let them know I would be posting a pay or quit notice on the tenant's door for non payment of rent (the paperwork was filled out 12/30) if they could not tell me the status of the check.  The tenant's case worker informed me that the check had been mailed to the correct address and had been cashed 1/8.  The signature on the check was my name, but obviously did not match my signature.

The case worker said she will look into what can be done on her end, but I am not sure what my course of action should be.

Should I call the police?

Is the bank that cashed the check liable in this situation?

Any input would be greatly appreciated.  

@Jared Larry   Was it cashed or deposited into an account?  If cashed they should have had to provide an ID that matches the name.  

@Jared Larry  Yes, the bank will be liable.  That doesn't help you out immediately, though. I would ask the non-profit to issue a new check. 

Given the situation, the eviction court will likely give your tenant and the non-profit time make things right.

The check was cashed.  They absolutely should have had an ID.  The non-profit told me the name of the bank at which it was cashed, but I do not know at which branch.  Shouldn't the deposited check have a time stamp?

Get the images of the check front and back and start talking to the banker.  Find one who really knows how to do some detective work.  

I was able to get the front and back of the check.  The back has an account number from the bank at which it was cashed printed on the back, so apparently whoever cashed it had to enter their account information.  I took this information to the bank in question, but they refused to help saying that since I was not a member they were not responsible for starting the claims process.

Do I have any recourse with the bank here?

Is there another way to find out who the account on the check belongs to?

Did they send the check to you ?  You never received the rent  ,  Throw the ball back in their court , send the pay or quit . 

Agree with Matthew Paul, throw it back on the non-profit. Then call the police, Immediately! the bank that cashed it will sing a different tune to a detective.

I also agree with Matthew Paul. If you start doing too much work, it will be seen as your problem.  You didn't get the rent. It was stolen from the non-profit, therefore they should be the ones pushing the bank and filing a police report. 

In my opinion it's important to make it clear in the police report, that you are the victim of the identity fraud and that the non-profit is the victim of theft. If you claim to be the victim of theft, then it could be seen as the tenant having paid the rent.

Originally posted by @Michaela G. :

I also agree with Matthew Paul. If you start doing too much work, it will be seen as your problem.  You didn't get the rent. It was stolen from the non-profit, therefore they should be the ones pushing the bank and filing a police report. 

In my opinion it's important to make it clear in the police report, that you are the victim of the identity fraud and that the non-profit is the victim of theft. If you claim to be the victim of theft, then it could be seen as the tenant having paid the rent.

Thats the ticket .

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