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-   -   what to do (fraud victim/checking account) (https://forum.dvdtalk.com/other-talk/445031-what-do-fraud-victim-checking-account.html)

atari2600 11-13-05 12:47 PM

what to do (fraud victim/checking account)
 
wierd situation here...

i recently was a victim of fraud on my checking account - someone got my info, created 2 fake checks with a fake name, and used them to buy stuff. fortunately it was "only" like $200 and my bank refunded the money.

thats not the problem.

the problem is i would like to close that account. i already created a new one and transfered MOST of my money over. the reason i did not transfer the rest is because i still have an outstanding check that i wrote - for my mortgage! so i have just enough money left over to pay for that, which is a pretty big amount (the biggest check i write every month).

now the dilemna...its been almost a month and the mortgage company hasnt received it - hence i cannot close the account. i check my balance every day and i called them - no check. ive already paid for it over the phone so late fees and crap like that are ok HOWEVER, im now stuck.

if i transfer the remaining money to my new account and close the old one, what if the mortgage company does eventually get the check and it bounces?

if i dont transfer and i keep waiting, what if that guy commits more fraud? and it would leave me without enough money to cover the mortgage payment.

at what point is the check gone? and where the hell is it? it didnt get returned to me either. is there any way someone could steal that check from the mail and cash it (even though its payable to a bank?)

TomOpus 11-13-05 01:13 PM

Can you do a Stop Payment on the missing check, transfer the money and send the mortgage company another check with the new account?

Can you call the mortgage company and discuss doing this so, if the old check shows, they won't cash it.

I've never dealt with a mortgage so I'm not sure if this will fly.

Deftones 11-13-05 01:15 PM

Yeah, if you've already paid over the phone, just issue a stop payment. That might cost you a few bucks, but your mortgage company will no know to try and cash it since you've paid.

benedict 11-13-05 01:18 PM

If this happened to me in England (which it wouldn't because I pay my mortgage by standing order) I would

1) Instruct the bank that, given the identity theft and obvious need to set things up anew, I'd like them to cancel the cheque at no cost to me.

2) Fax the mortgage company saying that I'd already paid this month in full and that they should not now process the missing cheque if/when they manage to locate it. I'd ask that they make a note against my record with them to this effect.

3) I'd ring to confirm the fax and that they'd made the requisite note.

Murphy's Law being what it is, the mortgage company probably would still attempt to process the cheque automatically but, when it bounced, there'd be a pat explanation sitting on file.

mndtrp 11-13-05 02:31 PM

I had an issue similar, except someone stole my checks. Everything benedict said is good. In addition, I would fill out a police report.
The bank should be able to stop any further money going out of that account, with the exception of your one outstanding check. They'll take the info on it, and make a note to only pay that out. However, if you have already paid up for the month, just stop payment on the check and let the mortage company know. This isn't the first time something like this has happened in their history, and I'm sure it won't be the last.

Eddie W 11-13-05 02:41 PM

I had this same exact thing happened & I notified my bank. They closed the account & noted that the outstanding checks would be allowed to clear. Of course, they didn't & I ended up bouncing my mortgage check.

I'd close out the whole account and issue a new check to the mortgage company. Even if they get the old one, they won't be able to cash it on a closed account.

atari2600 11-14-05 12:57 PM


Originally Posted by TomOpus
Can you do a Stop Payment on the missing check, transfer the money and send the mortgage company another check with the new account?

Can you call the mortgage company and discuss doing this so, if the old check shows, they won't cash it.

I've never dealt with a mortgage so I'm not sure if this will fly.

i know i cant have the mortgage company just not cash it - i asked and they were lame and said "no, we just cant do that"

im gonna try asking the bank to do a stop payment.

atari2600 11-14-05 12:58 PM


Originally Posted by Deftones
Yeah, if you've already paid over the phone, just issue a stop payment. That might cost you a few bucks, but your mortgage company will no know to try and cash it since you've paid.

no they dont do that - they would just cash it and credit me another months payment.

atari2600 11-14-05 01:00 PM


Originally Posted by Eddie W
I had this same exact thing happened & I notified my bank. They closed the account & noted that the outstanding checks would be allowed to clear. Of course, they didn't & I ended up bouncing my mortgage check.

I'd close out the whole account and issue a new check to the mortgage company. Even if they get the old one, they won't be able to cash it on a closed account.

i dont care if they did cash it because it would just credit me another months payment, which is fine. i just dont want to get assessed fees n shit like that (on either end - my bank or the mortgage bank)

ANDREMIKE 11-14-05 01:08 PM

People still mail checks to the mortgage company. I pay mine online.. never have to worry about the check being late and I can pay the mortgage on the 10th of every month. My mortgage company lets me set up payment in advance.

Heat 11-14-05 03:52 PM

By the way, the bank refunded your $200 not because they were being nice, but because they cashed the checks that were improperly drawn on your account and were thus responsible.

atari2600 11-14-05 06:17 PM


Originally Posted by Heat
By the way, the bank refunded your $200 not because they were being nice, but because they cashed the checks that were improperly drawn on your account and were thus responsible.

fair enough - as long as i got my money back.

Deftones 11-14-05 07:12 PM


Originally Posted by atari2600
no they dont do that - they would just cash it and credit me another months payment.

Then your mortgage company and/or bank suck.

TomOpus 11-14-05 07:21 PM


Originally Posted by Deftones
Then your mortgage company and/or bank suck.

They would've been more help if he was atari5200.

atari2600 11-15-05 03:50 PM


Originally Posted by Deftones
Then your mortgage company and/or bank suck.

i know. i kept asking what i could do to fix it and the lady jsut said "sorry, theres nothing we can do"


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