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Conference 7.286::dcu

Title:DCU
Notice:1996 BoD Election results in 1004
Moderator:CPEEDY::BRADLEY
Created:Sat Feb 07 1987
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:1041
Total number of notes:18759

244.0. "Valid Endorsement Refused" by ULTRA::KINDEL (Bill Kindel @ LTN1) Tue May 07 1991 15:59

    DCU has changed its rules about endorsements required on checks
    accepted for deposit.  In this case, I believe DCU is in error (rather
    than simply becoming more stringent).
    
    In particular, DCU no longer recognizes the meaning of "joint tenancy". 
    Legally speaking, something (and account, a check, or other property)
    that is held in joint tenancy is FULLY the property of EACH tenant. 
    That means that ANY ONE of them has the right to sell or exchange part
    or all of the property INDEPENDENTLY.  (It requires the tenants to
    trust one another.)
    
    My wife and I hold shares in two tax-exempt securities trusts (a
    collection of municipal/state bonds that pays a fixed dividend on a
    regular basis).  Our account is titled with my name and her name, plus
    "JT TEN WROS" (joint tenants with right of survivorship).  We did that
    intentionally; in the event one of us is incapacitated (or worse), the
    other should still be able to deposit the checks.  The checks are made
    payable to us using the account title.  EITHER one of us should be able
    to cash or deposit them.
    
    Though I've deposited scores of such checks in our (joint) RSVP account
    over the last 4 years, DCU now refuses them unless endorsed by both of
    us.  That's contrary to the check's joint tenancy and it means that our
    intention (should disaster strike or even if one of us is unavailable
    for an extended period) has been ignored.
    
    The problem, it seems, is the ampersand ("&") between our names.  For
    checks WITHOUT the joint tenancy provision, an "AND" means that ALL
    payees must endorse the check to show their concurrence with its
    disposition.  (This implies tenancy in common, legally speaking.) 
    
    Apparently DCU doesn't trust its tellers and branch managers to know
    the difference (even those, like the woman at LKG who's been in the
    business for 12 years).  It irks me to think that DCU's inability to
    train and trust its employees should be visible to its customers (or
    in this case, inconvenient to them).
    
    *I* have an easy alternative (BayBank has no problem at all with this
    notation), but just taking the business elsewhere doesn't solve the
    problem.  If DCU is to be perceived as a serious financial institution,
    it needs to know the "ins and outs" of these things and to handle them
    CORRECTLY.
T.RTitleUserPersonal
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244.1COMET::PERCIVALI'm the NRA, USPSA/IPSC, NROI-ROTue May 07 1991 18:2910

	A long time ago I learned that checks made out "mumble AND mumble"
	required both parties signatures.

	Checks made out "mumble OR mumble" required only one signature.

	I've always expected that this was the norm.

Jim
244.2Correctness over SimplemindednessULTRA::KINDELBill Kindel @ LTN1Wed May 08 1991 11:2312
    Re .1:
    
>	A long time ago I learned that checks made out "mumble AND mumble"
>	required both parties signatures.
>
>	Checks made out "mumble OR mumble" required only one signature.
>
>	I've always expected that this was the norm.
    
    That's what DCU is going by now, but it's an oversimplification.  My
    complaint is that the joint tenancy specification takes precedence over
    the simple rule.
244.3COMET::PERCIVALI'm the NRA, USPSA/IPSC, NROI-ROWed May 08 1991 14:3414
            <<< Note 244.2 by ULTRA::KINDEL "Bill Kindel @ LTN1" >>>

>    complaint is that the joint tenancy specification 

Bill,	How is this "specified". I got the impression from your note
	that there are a series of letters (JT ROS....) on the check
	itself. To me, this falls somewhere short of "specification".

	Two thoughts come to mind. Talk to the branch manager, show
	him/her the paperwork that DOES clearly spell out how the account
	was set up OR have the issuer of the check change the payee to
	you "or" you wife.

Jim
244.4Read it and/or weep.DENVER::DAVISGBCan&#039;t come outta the boothWed May 08 1991 19:1522
    Interesting topic....I've always been a freak for having my checks
    written properly.... I called my sister, a loacl 1st national branch
    manager and asked her opinion....
    
    She said....it really depends upon how good ths customer is with them. 
    If the check comes back, would they be able to get in touch with the
    customer and have the problem corrected?  If it was just a walk in,
    they would require both signatures.  She felt that the verbage in the
    PAY TO THE ORDER OF line is what would take precedence.
    
    She also expressed surprise at a check from a firm, annotated with JT
    WROS and the wording 'and' between the names.  Usually, checks from
    stocks, mutual funds, retirement accounts etc have the names one on top
    of each other and don't even USE the words 'AND' or 'OR'.  Government
    checks always require two signatures, as with most stock checks...
    
    I would suggest that the company issuing the checks change their
    wording (make it OR, for JT accounts) to avoid confusion.
    
    As for DCU, they are probably just playing it safe. They have enough
    troubles right now with bad debts....and ousted presidents...ouch!
    
244.5Needs two signaturesLUGGER::PICKHOVERK W M LThu May 09 1991 14:3113
    
    This is interesting, but I think DCU is correct in this case. 
    
    Joint tenants mean that you both own an UNDIVIDED half of the property
    and requires two signatures on the check. WROS (with right of
    survivorship) means that you can two signatures; one signature and
    a death certificate; or two death certificates and an executor's
    or adminitrator's signature.

					Regards,

					Brian ...
    
244.6they reject checks with both signatures too!DELNI::GOLDSTEINNetworks designed while-u-waitMon Jun 17 1991 16:3915
    Yes, but the DCU is being even a bigger jerk than the original topic
    implied.
    
    My tax refund check (from Uncle Sam, a fairly trustworth source) was
    written to myself AND my wife, who is an attorney and knows that "AND"
    means BOTH signatures.  Fine, so we both indorsed it.  The DCU REJECTED
    the check on grounds that SHE is not a member and did not have a
    signature on file!
    
    Since my wife does not work for Digital, and rarely if ever passes
    anywhere near a DCU branch or machine, she's not about to join.  So my
    friendly local S&L took the check.
    
    Given the Mangone situation et al, this is really a sorry mess.
       fre
244.7explain this oneTRLIAN::BARRETTFri Jun 21 1991 12:3313
    Please explain the following:
    
    I had a federal government refund check made out jointly to my wife and
    myself.  The check was deposited by the dcu without question (my wife
    did sign the check).  1 week later I tried to deposit a state refund
    check made out jointly to my wife and myself and endorsed by both of
    us.  No deal I needed to file a copy of my wifes drivers license or
    bring a copy of her passport to deposit the check.  The reason NEW DCU
    Policy.  Funny thing was I deposited the check at a New Hampshire DCU
    without any of the previously mentioned foolishness.
    Is DCU really run by clowns or what?????
    
    
244.8Caution: tiny minds crossingULTRA::KINDELBill Kindel @ LTN1Fri Jun 21 1991 15:1527
    Re .7:
    
>   Please explain the following:                
>   
>   I had a federal government refund check made out jointly to my wife and
>   myself.  The check was deposited by the dcu without question (my wife
>   did sign the check).  1 week later I tried to deposit a state refund
>   check made out jointly to my wife and myself and endorsed by both of
>   us.  No deal I needed to file a copy of my wifes drivers license or
>   bring a copy of her passport to deposit the check.  The reason NEW DCU
>   Policy.  Funny thing was I deposited the check at a New Hampshire DCU
>   without any of the previously mentioned foolishness.
    
    Amazing!  By extension, all mail or ATM transactions would require you
    to include license(s)/passport(s) in the envelope to authenticate the
    signature(s).  That, of course, would require DCU to return same by
    mail at the cost of postage and special handling.  Further, you'd only
    get to make one deposit (unless you have lots of spare passports 8^)
    per cycle.  Given current events, DCU has advanced the concept of
    "penny wise and pound (�) foolish" to new extremes.
    
    I'm sure that SOMEONE at DCU honestly believes that enforcement of a
    zillion nit-picky rules (whether or not they are justified by experience
    or governing law) will compensate for the major lapse of control that
    led to the $18M fiasco with Barnstable FCU.  At this point, DCU should
    be trying harder than EVER in its history to keep its members' business.
    Turning down legitimate deposits won't do it!
244.9BEIRUT::SUNNAAFri Jun 21 1991 20:068
    
    Yes - I did the same at DCU in the Mill. The only way I could deposit
    the federal refund (both in my name and my husband's where my husband
    had endorsed it) is only because I was joint on his account.
    
    They said that for all tax refunds they had to see Id's..