The drawee or payor bank has similar liability to the drawer when it pays a check bearing a forged endorsement or a check bearing a forged drawer’s signature.
Regarding the liability of drawer - if the payee’s endorsement is forged before the check is delivered to the payee, the underlying obligation of the drawer to the payee is not discharged by the check, and the payee can require the drawer to pay the obligation a second time. With liability of the payor bank a forged or unauthorized endorsement of the payee is ineffective as the payee’s endorsement. This white paper reviews liability, defenses, rights of payee, and double forgeries.
Agenda
Faculty
Eric M. Hurwitz
Stradley Ronon Stevens & Young, LLP
- Partner in the office of Stradley Ronon Stevens & Young, LLP
- Co-chair of the firm’s Financial Services Litigation practice group
- Practice focused on defending financial institutions from claims arising out of nearly every type of consumer and commercial financial product
- Defends both single-plaintiff and class-action lawsuits against banks, mortgage lenders and servicers, student lenders, credit card companies, auto finance companies, debt collection companies, and other financial services institutions
- Conducts regular seminars and workshops on numerous consumer finance topics
- Author of publications concerning the mortgage industry, including the Fair Credit Reporting Act, Equal Credit Opportunity Act, and regulations promulgated by the Consumer Financial Protection Bureau
- South Jersey Biz, Best Attorneys in Business for litigation
- J.D. degree, Boston University School of Law; B.A. degree, University of Texas at Austin
- Can be contacted at [email protected] or 856-321-2406
Michelle H. Badolato
Stradley Ronon Stevens & Young, LLP
- Counsel at Stradley Ronon Stevens & Young, LLP
- Concentrates her practice in the areas of financial services litigation, banking litigation and law, commercial litigation, foreclosure, and bankruptcy
- Background spans a variety of other practice areas, including construction law, intellectual property, real estate transactions, insurance defense, family law, and probate matters
- Member of the financial services litigation group, which resolves disputes involving consumer and commercial financial products or services
- Recognized by the New Jersey Law Journal’s “40 Under 40,” comprised of the top young professionals in the New Jersey legal community
- J.D. degree, Widener University School of Law; B.A. degree, Gettysburg College
- Can be contacted at 856-321-2401 or [email protected]
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