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..
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
This website contains general information only. The information contained in this website is not intended to convey or constitute legal advice on any subject matter or intended as advertising or a solicitation. Readers should not rely on the information presented on this website for any purpose without seeking legal advice on the specific facts and circumstances at issue from a licensed attorney in the reader’s state. The information in this website contains general information which is intended, but cannot be guaranteed, to be always up-to-date, complete and accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed. Strobl & Associates, Co., L.P.A. expressly disclaims all liability or responsibility with respect to actions taken or not taken based on any or all of the information contained in this website. Readers should not consider the information presented on this website to be an invitation for an attorney-client relationship, and the transmission of such information is not intended to create, and receipt does not constitute, and attorney-client relationship between the reader and Strobl & Associates, Co., L.P.A. The content of any Internet e-mail sent to Strobl & Associates, Co., L.P.A. or to its attorneys at the e-mail addresses set forth in this website will not create an attorney-client relationship and will not be treated as confidential. Readers should be aware that communications via the Internet may not be secure. Strobl & Associates Co., L.P.A. does not necessarily endorse, and is not responsible for, any third-party content that may be accessed through this website.