Bank Of America
Refinance Cash-Back Check Cashed by Someone at Out-of-State Bank

I received a check from the closing company I used to refinance my home mortgage. This was my cash back from the transaction. I called the people who manage my investment account (AIM) and asked how I could get them the check. They said I could mail it to them and they gave me the address. This check (through Amsouth bank) was made out to me and my wife. I signed the back of the check and mailed it to them. After a couple of inqueries and finding out the monies had not credited to my account, I called the closing company who called Amsouth bank. I was informed that the check had been cashed.

I called AIM back thinking they had applied it to the wrong account. The person I was directed to asked me to have a copy of the returned check faxed from Amsouth bank to him. The next day and a couple of phone calls later my AIM representative told me that the check had been deposited at a Bank of America. He told me that they don't use this bank, they use Chase Manhattan. He is accepting no responsibility (although he was very cordial and professional) and said I should spend my time working with the closing company and Amsouth Bank.

I called the local police and the said this would be a local jurisdiction deal and I would have to file a report to the police near the Bank of America where the check was brought in. I don't know where that is. There are 2 or 3 stamps on top of each other on the back of the check and its very difficult to read.

I also don't understand why any bank would take an 1) out of state, 2) third party check, 3) without proper identification and 4) with only 1 signature when the check is made out to a husband and wife. There were no additional signatures on the check besides mine.

I know its tempting for anyone with experience to tell me all the mistakes I made. I realize I could have done this in a much better manner, its painfully obvious to me now. But I would really appreciate any advice/ideas for what recourse I can take to recover my loss.

Company: Bank Of America
Country: USA
State: Texas
City: Houston

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