Got a text from my LL the other day saying if he didn't get the rent money I was going to be charged a late fee. I told him I mailed it a week early like always and post dated the check.
He tells me he never got it. I said I have until the 10th to make the payment so if its not there by the 9th I'll stop payment and mail a new check.
I check my account today and it shows the check as being cleared. I send him a text saying I guess you got the check yesterday and cashed it. He tells me no. I pull up the account and it shows his signature and his account number on that check.
He then goes on to tell me that his wife tried to cash it on the 29th but the bank wouldn't let them cause it was dated 3/1. I call my bank and they said they can't stop payment because it already cleared. They said I have to go to a branch and they'll straighten it out.
I tell the LL this and he tells me to go to the branch. I work nights this week and have my kids during the day so I can't go out to the bank. I tell him I'll go on Saturday and mail a new check monday.
Should I really be doing all this work? I mailed the check early. He admitted to having the check in his possession. Whoever deposited is really not my problem, right/wrong?
Update 3/7
This is what he messaged to me
"According to my bank, your bank holds all of the ability to do anything. They can see where it was deposited and into what account and get it back. Once we find out who deposited the check we can talk about pressing charges if the bank doesnt do it automatically.
Being in banking for 5 years I would guess they would and just assume let them deal with all that."
I told him I'll call my bank tomorrow to see where it was deposited to. Thats pretty much as far as I'm going. I told him in the future he can make arrangements to come to the house to get his rent. He tells me he's coming the 1st of every month. I said no, we'll make an arrangement for a date between the 1st and 10th of each month.
He then sends me this
"Well be up there Sunday to see the progress of the house (they are buying a new house in the area). I can pickup march check then."
I replied
"No, I'm not giving you another check until this is straightened out. I dont have another $2500 to pay".
Seriously its been 9 months of shit like this over and over. We haven't told him but we are in the process of buying a house. I can't wait to see the look on his face when we say PEACE OUT. We retained a lawyer and have enough information to break the lease.
Major Update 3/9
Today's update
Me: Chris I just got off the phone with citi again and I had them start an investigation on where the check was deposited. If it was done at an atm or branch I'll get that information. If it was done through a mobile device then I'll get the bank's information. They should be able to get that information today.
The rep was almost 100% positive that the check was deposited into the account on the back of the check but we'll find out more
LL: Ok. If you are not getting answers you want or as quick as you want, a good friend of mine is a manager there and she can help. Let me know.
How would the person even know what bank to deposit it into? Didn't say capital one. Just an account number.That would be a hell of a guess.
Plus I've looked at my account everyday and it's not there. I can send screen shot if you want to show them.
Me: The rep said it is impossible to deposit it into any other account then the one on the back. The only other scenario she said could happen is if there was a typo on the account number when depositing it. sure, u can send me a screen shot if u like
LL: He's right....but if it's deposited into an ATM or with mobile device no person looked at the check. And it's possible who ever double checked ATM in morning was lazy....And that bank will be responsible
Me: Very true. So let me ask u this. Where is the check? Do you not have it any more?
LL: Huh?
Me: You said kerri tried to cash it on 2/29 but the bank wouldnt let her. You then said it was in her truck. So where did it go?
LL: If we knew that the. This process would be easy
Me: Ok. so let me see if I have this correctly. You got the check somewhere around the 2/27-2/29. You signed the check and put your account number on it and your wife tried to cash it. You then contact me on 3/5 saying that you never got the rent check but that obviously was not the truth. So the possible scenario here is your wife lost the check and you tried to blame it on me not sending it. Someone found the check and was successful in cashing it. Now you have me doing the leg work on finding out what happened??
This is seriously a huge inconvenience
LL: I admit it was our fault and would be willing to do the legwork Citi will only deal with the account owner. Perhaps you could give permission for them to deal with me
I have no problems doing the work and quite frankly know the lingo to use better...And we apologize for the inconvenience.
So that was indeed the case. LL lied to me that I didn't send the check when in fact it was his wife that lost it. What a piece of shit!!!!!
Update 3/10
Got an email from citi this morning regarding their investigation
Update 3/10 (backstory)
For those wanting to read up on all the other issues we have been having with this rental
Oil Issues
http://forums.anandtech.com/showthread.php?t=2198126
Hurricane Cleanup
http://forums.anandtech.com/showthread.php?t=2188231
Mold / Trash Issues
http://forums.anandtech.com/showthread.php?t=2178909
Update 3/10 430pm
So here is today's update from the LL after I sent him a copy of the letter from the bank
LL: Ok good. They know it went to Chase. Now they can obviously tell that account is not titled Broleigh and account number doesn't match.
Me: That is all the information that I have
LL: They now know who to contact to get the money back. I am sure you can do it over the phone. But if you need assistance I can go with you Monday.
Update 3/10 730pm
So this is what I am thinking about sending the LL
Chris, I won't be able to go to the branch on Monday. I think I have helped you more then enough. I have provided you with the information to which bank received the check. It is now up to you to do the rest. You admitted to having received the check on or about 2/29/2012 and tried to have it cashed that date. If the check was lost or stolen while it was in your possession then that is something you must coordinate with all the banks. I would also suggest contacting your local police department. I do not appreciate being lied to. I do not have any more time to deal with your issues. It has become a major inconvenience. I'm sorry but I am done. Best of luck to you. Have a good day.
Update 3/12
Included a post of the entire situation including pictures and videos. Entire backstory in posts 243-245.
Update #2 3/12
I had some people review the message to the LL about not helping any further. That message has been edited and will be sent later tonight.
Update 3/13 7am
Below is a response from citibank about my follow up to the email they sent me a couple days ago.
Major Update #2
3/13
I called the Citibank fraud number today and explained my situation. Once again they said told me that they have no reason to believe that the check was not deposited into the account that is on the back of the check. The rep said that legally they are not allowed to give me the account number at Chase where the check was deposited since I am not the account owner.
I took some time off of work today and went down to the branch. I spoke with the branch manager there. He pulled up my account and told me the same exact thing. There is no reason to believe that the money was not deposited into his account. If there was an error and the monies were deposited into an account that did not match on the back of the check then those monies would have been credited back to my account by now. He printed out copies of this check and the previous month and both signatures match and have the same exact account number.
The branch manager was getting upset that I was being put into this situation. The branch manager agreed with some AT posters here that I sent him the check, he admitted to having possession of it, he signed it and put his account number on it. After that point it is not my obligation. He gave me his business card and asked the LL to call him personally.
Next stop, the police station. I talked to an officer and asked if I could fill out a report. I explained to him the situation. The officer said we cannot fill out any paperwork because a crime has not been committed between myself and the LL. He said my bank has no reason to believe that the funds are not in his account. Now, if the check was lost or stolen while the LL has possession of it and someone other then himself cashed it then a crime was committed. The officer asked me to speak with the LL and have the both of us come down to fill out paperwork if that is the case. If it turns out that the LL is trying to defraud me then there will be serious consequences by him filling out said paperwork.
As I type this the LL sends me this message
Joe my friend at Citi was able to help me as much as possible. She gave me a form called a affidavit of forgery. It needs to be filled out, signed, notarized and a description of what occurred written in. Would you like me to fill out the entire thing and just have you sign it? I am also a notary, so I could notarize it, if you prefer or you could bring it someplace.
LL has yet to respond to the messages I sent him
Update 3/13
LL replied to my messages. LL admits that I am not at fault. Meeting schedule for Thursday, 3pm at the branch. I plan to propose compensation for lost time from work, family and his carelessness in losing my check which could lead to identity theft.
Updates for 3/14-3/15 posted
Update 3/19
Received an email from the LL regarding the situation
Update 3/20
I spoke with my attorney and got his advice.
Update 3/27
Got another threatening letter from the LL. Drafted letter that LL is put on notice.
Update 3/27
MAJOR FIND - LL sent me a check to pay for the oil. Surprisingly the check is from a JP Morgan Chase account.
Update 3/29
I have revised 2 letters that I plan to send to the LL via certified mail tomorrow. Those letters will be notarized by my bank's branch manager.
Update 4/4
LL sends email basically asking for us to move
Update 4/5
Stagnant water from pool was drained. LL's wife called me but didn't leave message.
Final Update 12/3
My family has moved on. The landlord has moved on. Whomever cashed the check is unknown to me. My bank was able to retreive the funds after I signed the affidavit. Those monies were returned to the landlord for March 2012's rent. THE END
He tells me he never got it. I said I have until the 10th to make the payment so if its not there by the 9th I'll stop payment and mail a new check.
I check my account today and it shows the check as being cleared. I send him a text saying I guess you got the check yesterday and cashed it. He tells me no. I pull up the account and it shows his signature and his account number on that check.
He then goes on to tell me that his wife tried to cash it on the 29th but the bank wouldn't let them cause it was dated 3/1. I call my bank and they said they can't stop payment because it already cleared. They said I have to go to a branch and they'll straighten it out.
I tell the LL this and he tells me to go to the branch. I work nights this week and have my kids during the day so I can't go out to the bank. I tell him I'll go on Saturday and mail a new check monday.
Should I really be doing all this work? I mailed the check early. He admitted to having the check in his possession. Whoever deposited is really not my problem, right/wrong?
Update 3/7
This is what he messaged to me
"According to my bank, your bank holds all of the ability to do anything. They can see where it was deposited and into what account and get it back. Once we find out who deposited the check we can talk about pressing charges if the bank doesnt do it automatically.
Being in banking for 5 years I would guess they would and just assume let them deal with all that."
I told him I'll call my bank tomorrow to see where it was deposited to. Thats pretty much as far as I'm going. I told him in the future he can make arrangements to come to the house to get his rent. He tells me he's coming the 1st of every month. I said no, we'll make an arrangement for a date between the 1st and 10th of each month.
He then sends me this
"Well be up there Sunday to see the progress of the house (they are buying a new house in the area). I can pickup march check then."
I replied
"No, I'm not giving you another check until this is straightened out. I dont have another $2500 to pay".
Seriously its been 9 months of shit like this over and over. We haven't told him but we are in the process of buying a house. I can't wait to see the look on his face when we say PEACE OUT. We retained a lawyer and have enough information to break the lease.
Major Update 3/9
Today's update
Me: Chris I just got off the phone with citi again and I had them start an investigation on where the check was deposited. If it was done at an atm or branch I'll get that information. If it was done through a mobile device then I'll get the bank's information. They should be able to get that information today.
The rep was almost 100% positive that the check was deposited into the account on the back of the check but we'll find out more
LL: Ok. If you are not getting answers you want or as quick as you want, a good friend of mine is a manager there and she can help. Let me know.
How would the person even know what bank to deposit it into? Didn't say capital one. Just an account number.That would be a hell of a guess.
Plus I've looked at my account everyday and it's not there. I can send screen shot if you want to show them.
Me: The rep said it is impossible to deposit it into any other account then the one on the back. The only other scenario she said could happen is if there was a typo on the account number when depositing it. sure, u can send me a screen shot if u like
LL: He's right....but if it's deposited into an ATM or with mobile device no person looked at the check. And it's possible who ever double checked ATM in morning was lazy....And that bank will be responsible
Me: Very true. So let me ask u this. Where is the check? Do you not have it any more?
LL: Huh?
Me: You said kerri tried to cash it on 2/29 but the bank wouldnt let her. You then said it was in her truck. So where did it go?
LL: If we knew that the. This process would be easy
Me: Ok. so let me see if I have this correctly. You got the check somewhere around the 2/27-2/29. You signed the check and put your account number on it and your wife tried to cash it. You then contact me on 3/5 saying that you never got the rent check but that obviously was not the truth. So the possible scenario here is your wife lost the check and you tried to blame it on me not sending it. Someone found the check and was successful in cashing it. Now you have me doing the leg work on finding out what happened??
This is seriously a huge inconvenience
LL: I admit it was our fault and would be willing to do the legwork Citi will only deal with the account owner. Perhaps you could give permission for them to deal with me
I have no problems doing the work and quite frankly know the lingo to use better...And we apologize for the inconvenience.
So that was indeed the case. LL lied to me that I didn't send the check when in fact it was his wife that lost it. What a piece of shit!!!!!
Update 3/10
Got an email from citi this morning regarding their investigation
Update 3/10 (backstory)
For those wanting to read up on all the other issues we have been having with this rental
Oil Issues
http://forums.anandtech.com/showthread.php?t=2198126
Hurricane Cleanup
http://forums.anandtech.com/showthread.php?t=2188231
Mold / Trash Issues
http://forums.anandtech.com/showthread.php?t=2178909
Update 3/10 430pm
So here is today's update from the LL after I sent him a copy of the letter from the bank
LL: Ok good. They know it went to Chase. Now they can obviously tell that account is not titled Broleigh and account number doesn't match.
Me: That is all the information that I have
LL: They now know who to contact to get the money back. I am sure you can do it over the phone. But if you need assistance I can go with you Monday.
Update 3/10 730pm
So this is what I am thinking about sending the LL
Chris, I won't be able to go to the branch on Monday. I think I have helped you more then enough. I have provided you with the information to which bank received the check. It is now up to you to do the rest. You admitted to having received the check on or about 2/29/2012 and tried to have it cashed that date. If the check was lost or stolen while it was in your possession then that is something you must coordinate with all the banks. I would also suggest contacting your local police department. I do not appreciate being lied to. I do not have any more time to deal with your issues. It has become a major inconvenience. I'm sorry but I am done. Best of luck to you. Have a good day.
Update 3/12
Included a post of the entire situation including pictures and videos. Entire backstory in posts 243-245.
Update #2 3/12
I had some people review the message to the LL about not helping any further. That message has been edited and will be sent later tonight.
Update 3/13 7am
Below is a response from citibank about my follow up to the email they sent me a couple days ago.
Major Update #2
3/13
I called the Citibank fraud number today and explained my situation. Once again they said told me that they have no reason to believe that the check was not deposited into the account that is on the back of the check. The rep said that legally they are not allowed to give me the account number at Chase where the check was deposited since I am not the account owner.
I took some time off of work today and went down to the branch. I spoke with the branch manager there. He pulled up my account and told me the same exact thing. There is no reason to believe that the money was not deposited into his account. If there was an error and the monies were deposited into an account that did not match on the back of the check then those monies would have been credited back to my account by now. He printed out copies of this check and the previous month and both signatures match and have the same exact account number.
The branch manager was getting upset that I was being put into this situation. The branch manager agreed with some AT posters here that I sent him the check, he admitted to having possession of it, he signed it and put his account number on it. After that point it is not my obligation. He gave me his business card and asked the LL to call him personally.
Next stop, the police station. I talked to an officer and asked if I could fill out a report. I explained to him the situation. The officer said we cannot fill out any paperwork because a crime has not been committed between myself and the LL. He said my bank has no reason to believe that the funds are not in his account. Now, if the check was lost or stolen while the LL has possession of it and someone other then himself cashed it then a crime was committed. The officer asked me to speak with the LL and have the both of us come down to fill out paperwork if that is the case. If it turns out that the LL is trying to defraud me then there will be serious consequences by him filling out said paperwork.
As I type this the LL sends me this message
Joe my friend at Citi was able to help me as much as possible. She gave me a form called a affidavit of forgery. It needs to be filled out, signed, notarized and a description of what occurred written in. Would you like me to fill out the entire thing and just have you sign it? I am also a notary, so I could notarize it, if you prefer or you could bring it someplace.
LL has yet to respond to the messages I sent him
Update 3/13
LL replied to my messages. LL admits that I am not at fault. Meeting schedule for Thursday, 3pm at the branch. I plan to propose compensation for lost time from work, family and his carelessness in losing my check which could lead to identity theft.
Updates for 3/14-3/15 posted
Update 3/19
Received an email from the LL regarding the situation
Update 3/20
I spoke with my attorney and got his advice.
Update 3/27
Got another threatening letter from the LL. Drafted letter that LL is put on notice.
Update 3/27
MAJOR FIND - LL sent me a check to pay for the oil. Surprisingly the check is from a JP Morgan Chase account.
Update 3/29
I have revised 2 letters that I plan to send to the LL via certified mail tomorrow. Those letters will be notarized by my bank's branch manager.
Update 4/4
LL sends email basically asking for us to move
Update 4/5
Stagnant water from pool was drained. LL's wife called me but didn't leave message.
Final Update 12/3
My family has moved on. The landlord has moved on. Whomever cashed the check is unknown to me. My bank was able to retreive the funds after I signed the affidavit. Those monies were returned to the landlord for March 2012's rent. THE END
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