It just keeps getting more 'Interesting'

[AngelinaCatHub]

If the signatures on the check are not yours or your GD's, why can't you report the account as fraud?? File a report with the police department, and jump through the hoops to get a freeze??

I guess I am failing to understand if your name is on the account, why does it take 3 of you to close it?? That sounds like insanity. Especially if the bank is going to be losing that kind of money,they would be more interested.

Just an idea, why you are on that computer and able to see the account, how about changing the password to something only you know, and then you can monitor it daily??
Since you are a coowner....

I am analyzing copies of my gdaughter hand writing as I pulled and found her spent carbon check book. It is definatly not her writing. Since her "partner" stole her cell phone in one of their fights, she probably got the check book. I found some letters of hers and am attempting compares. The checks WILL be returned Monday as I was told. I am also attempting to find the person who took the checks into his account. If I do and can ask him what the person looked like and let him know he is out 5K. 'Hub

P.S.
Another give away is gdaughter dates her checkbook such as 7/10/08 and these two checks were dated; July 10, 2008.

[Goingbankrupt]

'Hub -- you should file a forgery claim. Also, have a statement notarized saying you want your name off of the account.

[BK2008]

I'd take those checks and go to the branch you opened the account, see a manager, have him pull the original signature card and compare.

If this is a fraud, it would seem that they would have no option but to alert their fraud division regarding this. For all you know, your gd could have lost her wallet (debit card and checks were in it) and it's in someones hands that it shouldn't be. (That would be my story, and I'm sticking to it!)

Once they place a freeze (actually they would immediately close it), then they will ask you what charges are outstanding and valid. And those would be the only things they pay.

If the branch won't do anything, get ahold of their fraud department and ask them what you should be doing.

[WhatMoney]

What I don't understand is how you have copies of the checks from her online account? This would mean the bank already cleared and paid the checks wouldn't it? BofA isn't going to clear two $2500 checks with the account already overdrawn. There must be some limit to the overdraft protection for the account.

Unless you are only going by the carbon copies from the checkbook and the actual checks have not yet appeared or bounced from the account. I take it you cannot find or question your GD about this? It could be your GD let someone else write the checks with her knowledge - or they were stolen. It makes a huge difference which case is true.

BTW, for those that think you can remove a name from a joint account at will, most banks will never remove a name from a joint account. You must close the joint account and open a new one without your name. And the balance must be zero before they will close it otherwise the unpaid balance will go to collections and chexsystems. Many banks now also refuse to recognize Powers Of Attorney, Durable or not. I can do nothing with my mother's accounts unless I am a joint holder, even though I opened the account without her presence using my DPOA and my DPOA is still in the bank's records. They no longer recognize it - period. Blame it on 911 and Homeland Security regulations.

[PoorGrammyinBK7]

What a nightmare! Guys, you are in my prayers.

[AngelinaCatHub]

What I don't understand is how you have copies of the checks from her online account? This would mean the bank already cleared and paid the checks wouldn't it? BofA isn't going to clear two $2500 checks with the account already overdrawn. There must be some limit to the overdraft protection for the account.

Unless you are only going by the carbon copies from the checkbook and the actual checks have not yet appeared or bounced from the account. I take it you cannot find or question your GD about this? It could be your GD let someone else write the checks with her knowledge - or they were stolen. It makes a huge difference which case is true.

BTW, for those that think you can remove a name from a joint account at will, most banks will never remove a name from a joint account. You must close the joint account and open a new one without your name. And the balance must be zero before they will close it otherwise the unpaid balance will go to collections and chexsystems. Many banks now also refuse to recognize Powers Of Attorney, Durable or not. I can do nothing with my mother's accounts unless I am a joint holder, even though I opened the account without her presence using my DPOA and my DPOA is still in the bank's records. They no longer recognize it - period. Blame it on 911 and Homeland Security regulations.

[AngelinaCat]

What I don't understand is how you have copies of the checks from her online account? This would mean the bank already cleared and paid the checks wouldn't it? BofA isn't going to clear two $2500 checks with the account already overdrawn. There must be some limit to the overdraft protection for the account.

Hi WhatMoney: The images of the two checks, both front and back, are posted online. But the bank officer said that they were in 'pending' status and would be returned Monday.

We have samples of both gdaughter's handwriting and the suspect party. We will carry all of this into the bank Monday and let the bank handle it.

[BK2008]

Pending status??? What does that mean?

Typically, if you can see the cancelled check online, it's a done deal.

Does the back of the check have a whole lot of processing numbers??

[AngelinaCat]

That is what the bank officer told us when we called this morning. Status does not show on our computer at home. The bank officer has a better system and that is what she showed us yesterday about different transactions, and what she told us today about those two checks.

[AngelinaCat]

Pending status??? What does that mean?

Typically, if you can see the cancelled check online, it's a done deal.

Does the back of the check have a whole lot of processing numbers??

One of them, which means probably both, were deposited into a Wachovia bank account for cash.

[AngelinaCatHub]

B of A puts them up online. Different every where I assume but 'Pending' means they have not cleared and been paid. Paid is an electronic transer to cover the paper. I used to work with a computer company and repaired computers and proof machines. At that time everything was batch files. At the close of day, they transmitte what is called a 'cash letter' that was a batch to the Fed clearing house. Paper checks then where picked up. Now, when the check hits a proof machine, it is encoded, and photographed. The clearing still takes a VERY small amount of 'float' time. So with B of A the check was shown but will be 'dishonored' Monday when the centers open. Tis the way it is. 'Hub

[southernbelle]

This is a true nightmare!!!! I had a mild version of this same scenario when I decided to close my business. I had a business checking account in my name only and my ex was a signer on the account since he wrote checks for bills (when he paid them). With automatic payments for leased equipment coming out of the account and my ex stealing money, the account was -$1500 by the time I went to close it out. My first thoughts were to close the account asap because I was scared my ex would continue to use the debit card because the bank wouldn't let me close it until I paid everything owed and they would allow any additional charges to go through. I guess they didn't care and would just keep racking up the charges because they would get their money one way or the other eventually.

That was extremely scary and part of the reason why I ended up getting another loan from my 2nd mortgage company to pay it because my ex was evil enough to go on a spending spree knowing I would be responsible for the balance. Needless to say, by the time I got the money and went back to the bank to pay the balance, with accruing NSF charges and additional charges they let slip through, I ended up owing them about $2k. That was another hard lesson learned and I promise not to ever do that again.

Good luck to you guys. I hope you get this resolved soon because the last thing you guys need now is additional stress.

[WhatMoney]

It will be interesting to find out if those "cash" checks deposited in Wachovia for $5K were then withdrawn in cash before the checks actually cleared, or not clear in this case. If that's the case then someone better return the money or end up in jail.

Big mess - good luck!

[FreshLikeADaisy]

Hey y'all! I am so sorry to read the latest installment... I know what you are going through; I just had a near relative get hauled from the front lawn to detox this morning, AGAIN, for the fourth time in two months. I completely understand. (This ongoing drama is part of why I haven't been on much lately... it just never friggin' ends when there's an alcoholic/junkie in the mix.)

As far as the bank account goes, as far as federal law goes, if the account is being used fraudulently (and obviously it is, with the forgery and all) they HAVE to take action; the bank cannot allow continued charges to go through and hold you responsible when someone other than the named account holder(s) is fraudulently using the account. It sounds like the problem is that the bank, seeing that *some* of the charges were hers (which, unfortunately, you confirmed) is now taking the position that *all* the charges are hers, which is not true but as Southernbelle pointed out, that way they get their money one way or another.

I kind of think that the only option you have left is to go down to the bank on Monday, as you said, and just repeat over and over and over that these checks were not written by the goddaughter, it is a clear forgery, and all transactions must be stopped, PERIOD. Say it over and over again: FRAUD. Fraud, fraud, fraud. Don't back down from it, don't admit that any of the charges are legit or even could possibly be. You've changed your mind. You're now not sure about *any* of the charges you previously discussed, because the checks were clearly written by a third party, and while you had previously assumed that those debit charges could possibly have been the goddaughter's, in the light of these forged checks you're certain ALL the charges are fraud. Get a police report before you go if you can; that will help your case with the bank. (When talking with the police, you don't think ANY of the charges are hers, but *definitely* the checks aren't... get it? You gotta quit admitting even the *possibility* that any of them might be legit. Fraud, fraud, fraud. They're ALL fraud. Hell, you're not even sure that's your right name on the account. Angelinawho? )

If that doesn't get you anywhere, file a complaint with the Florida Office of Financial Regulation (http://www.flofr.com) letting them know that this bank refuses to close an acct that is clearly being used fraudulently, including your police report info. While I don't know how well this works in Florida, at one point in NC I had a friend who had to do the same sort of thing, and the mere mention of the state banking commissioner had the bank manager backing down immediately, so it's well worth a try.

Yesterday, I spent the day babysitting a man who had no money for booze, was unwilling to go to detox (it wasn't bad enough yet, I guess) and who, if I hadn't been there, would have robbed the house blind for drink money. He literally would have dug his grandma out of her grave if he'd thought it would get him a drink. Last time he pulled this, I called 911 and they took him away. This time, I simply prevented anyone from giving him money or full access to the house, and whaddya know? This morning he was ready to go to detox. I can truly understand your reluctance to get officials involved, especially with the bk, but... I honestly think you have to. I don't see this ending until you do. If it's not your goddaughter, then it's the bull d*** who stole the checks, but either way, someone who's in the grip of addiction isn't going to let a little thing like decency or love or a few laws get in the way. You HAVE to find a way to shut the door.

I wish you and Hub every blessing and a quick resolution to all this!

[Bandit]

You are going to have to be very cautious with this situation & stay on top of it constantly. This is exactly what tossed my 80 year old grandma into a BK, twice...because my cousin took advantage of her credit AND mortgage...& graNDMA refused to prosecute & went BK instead & lost her home.

There are times when you really can help others & not get screwed but quite often you do get screwed & that is when tough love comes in. Or so that is how I feel about it.