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I sent in a check to replenish my Escrow account and my mortgage company returned the check with instructions to write the check out to the company another way.

(I originally called to ask who to write the check out and they told me the wrong information. Not important.)

I wrote another check out and voided the original one. I mailed both checks with the correspondence regarding who to write the check out to. I did this in case the check arrived late so the company could see the whole story of why my check may potentially be late.

My new check was cashed in a timely manner. A few weeks later, the voided check was cashed. How can this happen?!?

  • I immediately called USAA (My bank) and they told me they would replenish the funds within a week and open a dispute with the company who cashed the check
  • I didn’t see the money. Called again and they said something was entered incorrectly and it would be replenished within a week. Didn’t happen
  • Called a third time and now they are saying they cannot do anything and that I should call the police

This is extremely frustrating because now it has been a month and I would have started the process much earlier since we currently live paycheck to paycheck. Who is at fault here? I feel like it is both parties. Do I really need to get the police involved?

  • 1
    With wire transfers, this kind of things happening is less unlikely. – glglgl May 30 '18 at 8:43
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    Did the mortgage company cash the voided check or was it someone else? AKA is the extra money in your escrow account? – mkennedy May 30 '18 at 14:41
  • It was the mortgage company. – Brett May 31 '18 at 4:37
  • @mkennedy I did call my mortgage company after USAA decided not to help. After a looooong hold they decided to do another escrow analysis (one had been done just a few months ago) and said a refund check will be in the mail. Which is great! Except now it’s been a month, bills are due and I’m going out of town and won’t be able to cash the check until I get home. I just wish USAA had done the right thing. – Brett May 31 '18 at 4:53
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The path to fastest resolution always lies between intermediating with the other party directly.

You haven't established malicious intent so why are you treating them so? It may just be an honest mistake after all. Getting the police and/or lawyers involved will do nothing but drag this forever, incur multiple costs on you and even vanish any good intentions the company may have to help you in case of an honest mistake.

  • The OP says they have already talked with the other party, and the other party has refused to correct their mistake. Malice has been established. – Acccumulation May 30 '18 at 16:30
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    @Acccumulation unless I'm missing something, OP only says he only contacted his bank, not the other party (mortgage company). – Kevin May 30 '18 at 20:57
  • The bank is the other party. They took OP's money without OP's authorization. – Acccumulation May 30 '18 at 21:06
  • @Acccumulation The bank OP wrote the check from may not be the bank that holds the mortgage. – ceejayoz May 31 '18 at 2:52
  • @ceejayoz The bank OP wrote the check from took money from OP's account without permission. – Acccumulation May 31 '18 at 3:50
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"Who is at fault here?"

IMO, the bank is mostly at fault. Standard practice is to reject any check with the word "void" written on it. The mortgage company is somewhat at fault as well, for submitting the voided check for payment. You need to contact them and find out why they did that.

"Do I really need to get the police involved?"

Only if the check was submitted by someone other than the mortgage company - for example, maybe an employee there stole the check and deposited it in their account. You need to get that information from the bank.

  • I agree that the bank is mostly at fault which is why I tried working with them first. The mortgage company has given me misinformation in the past. I think they may need to train their employees better. Thanks for your input! – Brett May 31 '18 at 4:45
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The mortgage company is partially to blame, but the bank is primarily at fault; they took money out of your account without your permission. That's theft. It is possible that you can resolve this without involving the police, and involving the police probably won't help much, as this will likely be considered a civil matter. You can look into what agencies regulate banks, federally and on a state level, and consider filing an FDIC claim. If the bank refuses to give your money back, you may have no recourse other than suing them.

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