Can I cash a mortgage joint refund check without my ex wife's signiture if she refused to sign???

Asked over 1 year ago - Reynoldsburg, OH

I received an escrow refund check from a mortgage loan company for overpayment on the mortgage for the house in 2012 during the time I was still living in the home.. The check has my ex wife's name on it as well. I cannot cash the refund check without my ex's signature and she would need to be present. I asked her to come to the bank with me to sign the check and we could divide it up equally after it was cashed. She refused and told me that I did not deserve any of the money. I called the mortgage company and they said that I am entitled to half and that they could not reissue another separate check that was divided equally because both of our names were on the account. As a result because of her silliness no one will get the refund and it will all go back to the mortgage company..

Attorney answers (1)

  1. Lori Ann Strobl

    Contributor Level 13

    Answered . I feel that you have already answered your question. If both the mortgage company and your bank require joint signatures, then joint signatures are required. Depending on the amount in question, you could take your ex-wife to small claims court (jurisidictional limit of $3000), to force her to sign the check.

    Lori A. Strobl
    Strobl & Associates, Co. LPA
    1015 E. Centerville Station Rd.
    Centerville, Ohio 45459
    www.strobllaw.com
    (937) 496-1450
    www.strobllaw.com

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