Consumer complaint received 2018-09-11
Company: SANTANDER BANK, NATIONAL ASSOCIATION
State: MA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
Santander Bank failing to refund funds from 2 forged Checks. On XX/XX/2018, I wrote two checks to pay for a title search to obtain a mortgage from what I thought was XXXX XXXX XXXX, under the name of XXXX XXXX   XXXX, which I had found was bought out by XXXX  XXXX XXXX. 

As it turned out, this was a loan scam, and the person who cashed the checks was not a mortgage loan officer or worked for any bank, as reported by Washington State Department of Financial Institution. furthermore, XXXX XXXX XXXX has impersonated the identity of a licensed mortgage loan originator to gain my information and trust. XXXX XXXX XXXX I requested a stop payment on both checks, which was denied by Santander bank. They told me that the checks had already posted, but I knew the funds had not been withdrawn, as I had as well demanded my money back and the guy was assuring me that the would refund me the money. As soon as the checks cleared, I was no longer able to contact XXXX XXXXXXXX XXXX. 
I was not allowed at first to file fraud claim as the Fraud Agent at Santander told me that my signature meant there was no fraud since I had signed the checks. What he did not tell me was that the Signature on the back of the check, which was forged should have allowed me to file this claim.

I was able to file the claim after receiving accurate information that both signatures must be valid and that Santander bank, was perpetuating a Fraud by failed to disclose this information. It was clear to any reasonable person looking at the back of this check that the signature was forged.

The person was able to cash the two checks made out to XXXX XXXX XXXX with a fake stamp and a fake signature through XXXX XXXX, which has stonewalled me with regards to my claim, stating that only my bank has the right to put in the claim. 

XXXX XXXX instead demanded an affidavit of forgery from XXXX XXXX XXXX, the band that was supposed to be receiving the funds. When I went to get the affidavit of forgery from XXXX XXXXXXXX XXXX from XXXX XXXX, the Customer service representative at XXXX XXXXXXXX XXXX, stated to me that it was Santander 's  responsibility to get that the Affidavit and that I should have had the funds refunded a long time ago. 

I already provided a notarized affidavit of forgery, which I signed and is attached to this complaint. XXXX XXXX is now refusing to refund the checks mentioned above, on the grounds that they need an affidavit of forgery from XXXX XXXX XXXX, is a fake company and signed with fake signatures. Therefore both Santander and XXXXXXXX XXXX is perpetuating a Fraud, by not disclosing the person who cashed the checks, knowing that they are liable for the damages or possibly closing that account knowing that it is being used to perpetuate a fraud. The bank is also refusing to disclose any information, as to who cashed the checks and therefore are perpetuating this fraud. Thank you for your time and assistance. 

Attachments XXXX XXXX XXXX Advance Fee Loan Scam Washington State.pdf ( 55.5 KB ) Copies of Cashed Checks.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation