Oh man I am PISSED!

[z0mb13]

I am googling the fraud issue on changing dates on checks. Can someone please help me as well? especially pertaining to CA laws?

 

[Powermoloch]

That's illegal man......

 

[TerryMathews]

Originally posted by: mugs

Originally posted by: z0mb13

Originally posted by: mugs
Don't write post-dated checks. Some states allow banks to cash a post-dated check before the date on the check.

well the point is she CHANGED the date on the check that I wrote..
the backdating issue is irrelevant

How so? If it's legal to cash a postdated check before the date in California (I have no idea if it is), then it makes no difference if she changed the date.

Forgery is forgery, even if it's pointless.

 

[z0mb13]

bump for edit

 

[MrCodeDude]

Originally posted by: TerryMathews

Originally posted by: mugs

Originally posted by: z0mb13

Originally posted by: mugs
Don't write post-dated checks. Some states allow banks to cash a post-dated check before the date on the check.

well the point is she CHANGED the date on the check that I wrote..
the backdating issue is irrelevant

How so? If it's legal to cash a postdated check before the date in California (I have no idea if it is), then it makes no difference if she changed the date.

Forgery is forgery, even if it's pointless.

Precisely. And if anything else happends when you move out, you can use this example against her.

 

[Yossarian]

you have no case. there are no damages.

 

[Conky]

Originally posted by: Yossarian
you have no case. there are no damages.

I have to agree.

Your only option is "The Peoples Court"! :laugh:

 

[Captante]

Post-dating a check means nothing... the holder can cash it at any time, however changing the date is at best unethical & likely is illegal, I doubt you can get her in any real trouble for doing it though.

Best bet is just to keep a cool head, give 30 days notice & cut your losses.

 

[z0mb13]

Originally posted by: Captante
Post-dating a check means nothing... the holder can cash it at any time, however changing the date is at best unethical & likely is illegal, I doubt you can get her in any real trouble for doing it though.

Best bet is just to keep a cool head, give 30 days notice & cut your losses.

this is what I was thinking as well. I dont want to create a huge mess out of this. I just want to move out but also afraid if she pulls something weird like calling the cops so I cant enter the house or crap like that!

 

[OS]

Originally posted by: z0mb13
oh and this is at least a million dollar house and she drives a new bmw 330i...
She is probably late on her mortgage/car payments too...

you know this is in CA when. . .

 

[OS]

Originally posted by: z0mb13

Originally posted by: Captante
Post-dating a check means nothing... the holder can cash it at any time, however changing the date is at best unethical & likely is illegal, I doubt you can get her in any real trouble for doing it though.

Best bet is just to keep a cool head, give 30 days notice & cut your losses.

this is what I was thinking as well. I dont want to create a huge mess out of this. I just want to move out but also afraid if she pulls something weird like calling the cops so I cant enter the house or crap like that!

do what every dead beat tenant does, "i put the check in the mail 2 days ago, you didn't get it yet?"

 

[kitkit201]

Since you live in the Bay Area, I would call Len Tillem on KGO. He is on every Saturday and Sunday 4-7pm PST on KGO 810. He is a lawyer and at least he can steer you in the right direction..

 

[z0mb13]

Originally posted by: OS

Originally posted by: z0mb13

Originally posted by: Captante
Post-dating a check means nothing... the holder can cash it at any time, however changing the date is at best unethical & likely is illegal, I doubt you can get her in any real trouble for doing it though.

Best bet is just to keep a cool head, give 30 days notice & cut your losses.

this is what I was thinking as well. I dont want to create a huge mess out of this. I just want to move out but also afraid if she pulls something weird like calling the cops so I cant enter the house or crap like that!

do what every dead beat tenant does, "i put the check in the mail 2 days ago, you didn't get it yet?"

unforunately I live with her!!! I rent a room in a house...
also my deposit will serve as my last month's check. So I will not be paying next month's rent.

 

[z0mb13]

Originally posted by: kitkit201
Since you live in the Bay Area, I would call Len Tillem on KGO. He is on every Saturday and Sunday 4-7pm PST on KGO 810. He is a lawyer and at least he can steer you in the right direction..

sorry I am in LA right now.. thats just the check...

 

[OS]

Originally posted by: z0mb13

Originally posted by: OS

Originally posted by: z0mb13

Originally posted by: Captante
Post-dating a check means nothing... the holder can cash it at any time, however changing the date is at best unethical & likely is illegal, I doubt you can get her in any real trouble for doing it though.

Best bet is just to keep a cool head, give 30 days notice & cut your losses.

this is what I was thinking as well. I dont want to create a huge mess out of this. I just want to move out but also afraid if she pulls something weird like calling the cops so I cant enter the house or crap like that!

do what every dead beat tenant does, "i put the check in the mail 2 days ago, you didn't get it yet?"

unforunately I live with her!!! I rent a room in a house...
also my deposit will serve as my last month's check. So I will not be paying next month's rent.

damn, she got some gall to do that to you while you're in the same house.

"i have no money, you cashed my last check too early, hang on a week"

rinse and repeat every week

 

[z0mb13]

EDIT: Is there a place where I can check public records of the last real estate transaction on my house? I think she bought the house less than a year ago, and it might be that the "teaser" rate just stopped and she cant afford to pay the mortgage payments.

 

[z0mb13]

Originally posted by: OS

Originally posted by: z0mb13

Originally posted by: OS

Originally posted by: z0mb13

Originally posted by: Captante
Post-dating a check means nothing... the holder can cash it at any time, however changing the date is at best unethical & likely is illegal, I doubt you can get her in any real trouble for doing it though.

Best bet is just to keep a cool head, give 30 days notice & cut your losses.

this is what I was thinking as well. I dont want to create a huge mess out of this. I just want to move out but also afraid if she pulls something weird like calling the cops so I cant enter the house or crap like that!

do what every dead beat tenant does, "i put the check in the mail 2 days ago, you didn't get it yet?"

unforunately I live with her!!! I rent a room in a house...
also my deposit will serve as my last month's check. So I will not be paying next month's rent.

damn, she got some gall to do that to you while you're in the same house.

"i have no money, you cashed my last check too early, hang on a week"

rinse and repeat every week

Thats why I am moving out... I hope I can get out here ASAP and if she can return my deposit back...

 

[JEDIYoda]

Originally posted by: z0mb13
I just found out that my landlord changed the date on the check that I gave her. That check was supposed to be for June rent, I gave her that check on May 11 since I was going on two week vacation (I was afraid I couldnt make it back on time to pay rent). So I backdated the check to May 29, but the cashed it in on the 13th and I just noticed today that she CHANGED the date on that check to say may 20th!!! WTF!!!!

Also on top of this she asked me to pay the electricty and gas bill on top of the water bill. We agreed on me only paying the water bill. Her reasoning was she "forgot" to mention it while we signed the lease.

And recently my tv cable was cut off. I called the cable company and I got a message that the bill is past due. This is not good...

Good thing I am on month to month. My deposit will apply to my last month's rent. I hope she wont pull anything funky. I will leave this place soon. This SUCKS. :|

EDIT:

Ok I just confronted her about why she cashed the check early, and she still didnt fess up on her forging the date. I then told her that I am moving out.

If it becomes ugly (if it turns to lawsuits but I hope it doesnt turn that way), I am compiling all the necessary legal info that I can rely on. Do you guys think I am standing on a strong legal case?

Basically it will be almost my word against her. my only proof is an online copy of the check (here is the pic of it, I whited out all personal info checkproof.JPG). I dont really have a strong evidence on what the original date was, other than the rip out that I have on my checkbook.

So do I have a strong case?

EDIT: Is there a place where I can check public records of the last real estate transaction on my house? I think she bought the house less than a year ago, and it might be that the "teaser" rate just stopped and she cant afford to pay the mortgage payments.

your in deep doo doo....landlord will win. You need to be able to prove 100% that she changed the date..

 

[OS]

Originally posted by: z0mb13
EDIT: Is there a place where I can check public records of the last real estate transaction on my house? I think she bought the house less than a year ago, and it might be that the "teaser" rate just stopped and she cant afford to pay the mortgage payments.

i believe it's county record.

some guy at work looks at this sort of thing everyday on his hunt, if this is still unanswered tomorrow morning i'll ask him about it.

 

[z0mb13]

Originally posted by: OS

Originally posted by: z0mb13
EDIT: Is there a place where I can check public records of the last real estate transaction on my house? I think she bought the house less than a year ago, and it might be that the "teaser" rate just stopped and she cant afford to pay the mortgage payments.

i believe it's county record.

some guy at work looks at this sort of thing everyday on his hunt, if this is still unanswered tomorrow morning i'll ask him about it.

Thank you very much! I will pm you tomorrow (if needed)

 

[kitkit201]

Originally posted by: z0mb13

Originally posted by: kitkit201
Since you live in the Bay Area, I would call Len Tillem on KGO. He is on every Saturday and Sunday 4-7pm PST on KGO 810. He is a lawyer and at least he can steer you in the right direction..

sorry I am in LA right now.. thats just the check...

You should be able to get kgo 810 down there... there is an online radio feed too.. either way you can call in .. you dont have to be in teh bay area.

 

[OS]

you can try the below for property tax info, it doesn't list sale price however.

http://prop-tax.countyofventura.org/

lol, oh wait nm, it does seem to list an assessed value

 

[Vic]

I can't speak for CA, but I know that in OR and WA it is illegal to post-date checks. The funds must good for presentation to the bank the day the check is given to the payee, otherwise you are knowingly written a bad check (even though the funds will be available later). So you might not have a case there. As to why it went through on May 13th, banks are known to not even bother to check the date prior to processing the funds, for the same reasons.

The utilities issue goes by whatever the lease agreement says. She can't change her mind after the fact on that.

Your landlord's mortgage payment is not your concern. You might be able to find the last sale date at zillow.com. However, most adjustable rate mortgages don't adjust for at least a year, and usually 3 to 5 years. Those that do adjust more rapidly, such as Option ARMs, typically have negative amortization clauses that cap the payments even when the rate goes up.

 

[z0mb13]

Originally posted by: OS
you can try the below for property tax info, it doesn't list sale price however.

http://prop-tax.countyofventura.org/

lol, oh wait nm, it does seem to list an assessed value

calabasas is in LA county..

I just checked my house at zillow.com. It says the last sale was on dec 2002 for $650k, now the house is valued at $1 - 1.2 mil. Is Zillow accurate?

 

[OS]

http://www.netronline.com/frameset.asp?StateID=6

you can try that, it lists a couple tools if you pull up LA county