Consumer complaint received 2015-09-04
Company: TCF NATIONAL BANK
State: IL
Product: Bank account or service
Sub-product: Checking account
Issue: Deposits and withdrawals

Complaint:
I deposited a check for {$28000.00} into my business checking account at XXXX. The check was made out to my business and a former tenant named XXXX. I signed the check. XXXX did not. The teller XXXX told me he was n't sure if the check might be subjected to " a hold. '' I said that did n't surprise me because of the amount, and I said I was fine with a delay of a week or two. XXXX is helpful teller who tries to please, and he did not indicate that there would be any other problems in getting my money other than a longer than usual wait. 
I am in the bank regularly depositing rent checks for my property management business. After a couple weeks I asked XXXX if she had any news on my {$28000.00} that was still listed as " unavailable '' in my account. She said that the bank was waiting to see if XXXX XXXX would pay the check because it only had my signature on it. I called my adjustor, and he said XXXX XXXX would pay it. 
I got a letter in the mail asking for me to get XXXX 's signature on an affidavit. I discussed the letter with XXXX the next time I was in the bank and told her I could not get XXXX 's signature. He had abandoned the property and sent a signed cancellation of the XXXX for Deed. She told me she would check into the issue. 
XXXX called me and told me that if I could not get XXXX 's signature, then I would get the check back. I said that was fine. She said " a copy of the check will be sent to you. '' I asked if that " copy '' would be a legal check that could be deposited elsewhere. She said yes. I talked to another bank that said they would take the check and deposit the money in my account without XXXX 's signature. 
The check was never sent back. 
I called my adjustor, and he said he would put a stop payment on the check and issue a new XXXX. 
My adjustor called me and said he tried to put a stop payment on the check but could n't because XXXX XXXX had already paid XXXX. I thought this was good news. I called XXXX and told her that TCF had the money from XXXX XXXX, so they could release the hold and make the money available in my account. She said she would check into that. 
I got a call back from XXXX saying that they would not release the money to my account, but would send it back to XXXX XXXX. She said they would only do this if XXXX XXXX sent a letter requesting this. 
I called my adjustor. He said he would not send a letter requesting TCF to refund the payment. He said I should work with my bank to get the payment that XXXX XXXX sent. He said XXXX XXXX did as promised -- examined the vandalism at my property, offered a claim payout, sent a claim check, and paid the claim funds. XXXX XXXX was done processing this claim. 
I called XXXX and told her that XXXX XXXX would not send a letter. She told me the only XXXX options were to get a letter from XXXX XXXX or a signature from XXXX. I told her neither of those options were viable. I told her I had the letter XXXX signed releasing his interest in the property. XXXX referred me to XXXX XXXX and asked me to send her that letter. 
I sent the letter to XXXX. I got a call from XXXX saying I was not supposed to contact XXXX. I told her I would wait for a response from XXXX. 
The last time I was in the bank I asked to talk to XXXX 's boss. 
I talked to XXXX, the branch manager. He told me that the signature from XXXX or the letter from XXXX XXXX were the only XXXX options. I told him those options were n't viable. He referred me to the regional XXXX XXXX. 
I called XXXX, and he said I only had XXXX options and he could not help me. 
XXXX emailed me back and told me the same thing. 
TCF has had my money for more than 6 weeks, though they told me they were waiting for XXXX XXXX to pay them. 
All TCF 's employees say they can hold my money indefinitely if I do not satisfy XXXX of their XXXX options. To me, that seems like theft or fraud or both.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation