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#643879 - 11/29/06 03:19 PM UCC and forged signature
Midwest Banker Offline
Gold Star
Joined: Nov 2004
Posts: 349
Cheeseland
Help! We have a customer who is claiming forgery. Two years ago, the same individual forged her signature and she asked us to not do anything and allow the checks to be paid. According to my training materials (including those from BOL) I should be able to deny this claim due to the ratification of the signature. I want to back myself up by citing the UCC yet cannot find anything in either section 3 or 4 referencing this.

Can anyone direct me?

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#644488 - 11/29/06 11:14 PM Re: UCC and forged signature Midwest Banker
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 39,629
Cape Cod
Look at the "same wrongdoer" rule in section 4-406(d).
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John S. Burnett
BankersOnline.com
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#644536 - 11/30/06 02:12 AM Re: UCC and forged signature John Burnett
RayLynch Offline
Platinum Poster
RayLynch
Joined: Oct 2003
Posts: 544
For some reason if the same wrongdoer rule does not apply (because the first check is deemed not to have been a forged check), UCC Section 3406 would also provide a potential defense.

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#648226 - 12/06/06 10:25 PM Re: UCC and forged signature RayLynch
Midwest Banker Offline
Gold Star
Joined: Nov 2004
Posts: 349
Cheeseland
Thanks. I had both of these sections, but I guess I was looking more for the actual word: ratification as it pertains to a signature.

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