01/02/2022
We had a customer who filed a counterfeit affidavit of forgery in June for an item which cleared in May. The customer notified us beyond 28 days and but within 60 days. We had to deal direct with the other bank (Chase). Since the customer notified us within 60 days does this mean we take the loss, or can we wait for the other bank to respond? If we can wait, how long does the other bank have to respond to our request?
07/25/2021
I have a commercial customer who had her signature forged on payroll checks in her January statement. Can these items be sent to the BOFD for collection now that we are in early May?
12/15/2019
Customer of credit union removed his attorney-in-fact from having this designation on his account. Three years later he went to the credit union
and verbally asked to make sure that the AIF was "off" his accounts in every way. Two years later the ex-AIF presented a customer service request
document adding herself as beneficiary. If this is a forgery as claimed, it appears to bear a good one of customer's signature. Is credit union liable
for now having paid her as beneficiary?
02/10/2019
An item was presented for cash at the bank. The handwriting and signature matched our customer's previous checks and signature card. However, the customer is now stating that they did not process this item and it is a forgery. What due diligence does the bank have to follow since we believe this is NOT a forgery but our customer trying to gain funds. The customer has completed and signed an affidavit of forgery. Does the bank have an obligation to give credit back to the customer without an investigation or police report filed? At what point is our customer liable?
11/19/2017
Before returning a fraudulent check for any type of forgery, we require the completed forgery affidavit to be scanned to the Operations department before the check is returned, and the original follows later. Do you agree with this requirement, or do you think the check should be returned before getting the affidavit?
09/13/2015
Is there a timeline for a check to be returned as a forgery or fraudulent? If so what would the reason code be?
06/14/2015
Our bank returned a check for forgery on 02/13/15 after the customer notified us in February and signed an affidavit of forgery on 02/07/15 that was processed on 12/31/14. The check has been returned to our bank as a late return. What is the amount of time allowed on a return for forgery and is this a late return?
09/15/2014
A check payable to 2 individuals - Payable as "and". One person forged the endorsement of the other. How much are we liable to reimburse the person that did not sign, Half of the amount since it was payable as "and"or the full amount of the check?
05/26/2014
Is there any course of action the Bank can take to help a customer who notified us 6 months after 3 fraudulent checks totaling over $2400 were debited from their account?
06/10/2013
We are in a spitting match with another bank over some forged checks. We accepted them and sent them for payment to the other bank back in January. Over a month later, the bank returned them - one was stamped NSF, the other two had no reason, so we called and the bank faxed us forgery affidavits. From day 1 of my banking career, I have been taught that the paying bank eats forgeries, so we returned them as late returns. Then we got a letter from the bank demanding payment saying we had breached the transfer warranties (since there were forged signatures). We replied you are outside of your timeframe for breach of warranty and besides, we are holder in due course and you can't demand payment for forgeries from a holder. They replied since you knew they were forgeries, you were on notice of the breach of transfer warranty therefore we are within the timeframe. Neither one of us is giving in, but I can see where they are getting the breach of transfer warranty, which seems to be a contradiction to the holder in due course defense against forgery. So can we/how do we counter their argument of the breach of transfer warranty?
