Chase Signature Forgery Essay Examples & Outline
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Chase Signature Forgery
Chase is certainly liable for the forged checks. This is because every bank is required to have a signature card that is intended to verify the signature of the depositor. Therefore, for this reason Chase should pay only valid checks that are drawn on the deceased’s bank’s account regardless of whether the depositor is dead or not. The law states categorically clear regarding a signature that a person is not liable on an instrument unless the person signed the document or the person is represented by either an agent or a representative who signed on the instrument. However, this agent or representative signature must be binding to the represented person according to section 3-402. The work of a signature is often to authenticate a writing, and it may be done so in either a manual way or by the means of a machine or a device. Therefore, if it was not the signature of the deceased this means that he was not liable for the mistake that the bank made for not verifying the signature.
Further, in banking laws, it is clear that unless otherwise provided, an unauthorized signature can be described as ineffective except when the signature of the unauthorized signer is in favor of a person who in good faith pays for the instrument or pays the instruments or even takes it for value. Therefore, the unauthorized signature on the checks that were presented to the Chase bank were therefore not a property of the deceased and for this reason he cannot be described as being liable for the mistake that occurred on the part of Chase bank cashing in on fraudulent checks with fake signatures.
Before the signatures had been forged, Chase bank had been advised by the attorneys of the deceased regarding his status. Therefore, the bank could have taken this into consideration regarding to whether or not to pay the 12 checks. Further, this could also have triggered their skepticism regarding the checks and make sure that the signatures on the checks were valid. The depositor had deposited his money in the bank with the intention of keeping it safe from intruders and other common thieves. The only thing that made this sure was his signature and therefore, it was the responsibility of the bank to ensure that it protected the money of the deceased.
Therefore, in terms of liability it is the problem of the bank as they are the ones that were negligent on their part and did not look at the signature carefully and therefore, released money despite the fact that they had been warned by the depositor’s attorneys regarding his death. The estate should therefore, not be liable to anything as they did nothing wrong but all that happened was that the bank did not take their work seriously and cashed in on checks that were clearly forged.
In conclusion, Chase is liable for the gorged checks because they had in their possession a signature card that they could have used to double check the signature. Further, they had been given information regarding the death of the depositor and for this reason they could have taken more care in order to ensure that the depositor’s money was protected. Lastly, the bank laws state that an unauthorized signature is not the fault of the depositor and consequently, the deceased or the deceased attorneys were not liable.
Williams, H. C., & American Bar Association. (2006). Federal banking law and regulations: A handbook for lawyers. Chicago: American Bar Association.