Consumer complaint received 2016-01-28
Product: Bank account or service — Other bank product/service
Issue: Deposits and withdrawals — 
Company: U.S. BANCORP (CO)

On XXXX/XXXX/XXXX I incurred hail damage on my property my mortgage company cut me a XXXX party check with my name and my mortgage company 's name on the check I signed the check and was instructed by the contractor to hand it over to him and he would forward it to my mortgage company which is what I did. Months later I found out that the contractor never forwarded the check to my mortgage company instead he deposited the funds from the check into his XXXX bank account by fraudulently endorsing my mortgage company 's endorsement. My insurance company informed me that in order to retrieve the funds back from the contractors bank my mortgage company would need to fill out an affidavit stating that the endorsement on the check was not their endorsement. The contractor quit and never finished or completed the work he was authorized to do. My insurance company was insistent that I allow the contractor to finish the work after he had originally quit and I had hired a new contractor, I refused and because of this refusal I believe that my insurance company 's bank conspired with the contractors bank by allowing a window in which the contractor would be able to withdraw the funds from his XXXX account then close the account. This window was provided when my insurance company 's bank U.S Bank denied the original affidavit on a technicality ( the notary put the wrong year XXXX on affidavit ). so my mortgage company provided a corrected updated affidavit with the correct year. After many delays from my insurance company who assured me that the issue would be resolved within three months I eventually made a complaint against them to the commissioner of insurance. After catching my insurance company in several lies the investigation was completed and my insurance company agreed to advance me {$1000.00} and their bank U.S.Bank will honor or accept the original affidavit. I always wondered why would they have accepted the original affidavit instead of the corrected affidavit but in hind sight I see why. If U.S. Bank failed to accept the original affidavit then the window from the original affidavit and the corrected affidavit that the contractor used to close his account so that his bank could n't freeze the funds in his account for the fraudulently endorsed check would fall on U.S.Bank. If U.S.Bank had honored the corrected affidavit the crooked contractors bank XXXX XXXX XXXX would not have been liable after their crooked contractor withdrew the funds then closed his account. it is my contentions that U.S.Bank and XXXX XXXX XXXX Bank conspired and where in collusion to assist the crooked contractors business from the loss he would have incurred for the unauthorized work he did on my property and allowing him to attempt to offset his losses with the fraudulently endorsed check that is illegal for his bank to not return to me or my mortgage company. This complaint is related to complaint number XXXX with your offices. So we have businesses looking out for XXXX another at the consumers detriment. Both parties in my opinion are Aiding and Abetting the crooked contractors business, and this is further more confirmed when the contractor Bank XXXX XXXX XXXX claimed that they needed my mortgage history before they where willing to return the funds and my insurance company representative XXXX confirmed this. I was informed by my mortgage company that the affidavit should have been sufficient enough to have the funds returned to us. it is my belief that that someone from XXXX XXXX XXXX tipped the crooked contractor off which allowed him to close his account or he has a relative or in a romantic relationship with XXXX of the bank workers. surveillance footage at the bank should be able to determine this.