check scanned then original check deposite

Posted By: Opps

check scanned then original check deposite - 05/22/17 03:30 PM

If a check was deposited via mobile capture at bank A then a few days later the original check was deposited at bank B.
Which bank would end up taking the lost for the check?
Posted By: HappyGilmore

Re: check scanned then original check deposite - 05/22/17 03:39 PM

whichever one the paying bank returned.
Posted By: Dog Lady

Re: check scanned then original check deposite - 05/22/17 05:09 PM

Check 21 (in my understanding) still recognizes the paper check as the true item, although this is probably due for revision. So technically Bank A should take the loss. This is why so many banks require the customer to endorse the check to their account at the bank in order to remotely deposit.
Posted By: Dog Lady

Re: check scanned then original check deposite - 05/22/17 05:10 PM

But both banks should be having a stern conversation with the customer to make sure this was not intentional and to clean up procedures so it doesn't happen again if it was not intentional.
Posted By: Ric30

Re: check scanned then original check deposite - 05/22/17 05:18 PM

There still isn't a definite answer from the Fed on this. It's basically up to the paying bank which BoFD they go after.
Posted By: madukes

Re: check scanned then original check deposite - 05/22/17 07:20 PM

You can file the PAID case through the fed to either bank. We usually go after the mobile deposit so that bank knows what their customer is up to with that service (at our bank we turn off the service if a customer deposits an item twice unless they have a very good explanation for it).
Posted By: John Burnett

Re: check scanned then original check deposite - 05/22/17 08:44 PM

The Fed included a provision in its last proposal to update Regulation CC. It would indemnify the bank that took the paper item for deposit and had it charged back as a duplicate presentment on the theory that the bank that accepts mobile deposits contributes to the risk of such events. But until the Fed makes a final rule change (is that EVER going to happen?) ....