Lost Cashier's Check

[jl122983]

I recently sold my car to a buyer. I used the buyers money to pay off the car -

I mailed a cashier's check to Lexus Financial (Priority Mail w/ tracking number).

According to the tracking number, it was delivered.

Lexus has "searched" for the check and they have not found it.

I've filed a claim with USPS but they are denying the claim because their tracking indicates that it's been delivered.

I am in the process of getting a Loan to pay off the car again, but I'm trying to figure out who is responsible.

I am spending a lot of my money (in interest rate for the new loan) to pay this off - along with inconvenience to the buyer.

Thank you for any information you are able to provide.

 

[single317dad]

My recommendation is to pay off the car so the buyer is made whole and file a declaration of loss with the bank the check is drawn on:

http://www.law.cornell.edu/ucc/3/3-312

http://www.law.cornell.edu/ucc/3/3-312

https://www.google.com/webhp?q=cashiers+check+declaration+of+loss

https://www.google.com/webhp?q=cashiers+check+declaration+of+loss

 

[jl122983]

Thank you for the quick response.

So my loan has been approved and hopefully within the next day or two, I should receive the funds. At that time, I'll payoff the account.

Who is at fault though for my losses? Lexus is pointing the finger at USPS and vice versa...

I have spoken to a Branch Manager where the Cashier's Check was made and we will be doing a declaration of Loss next week (we were told to wait 10 business days after we spoke to them last week).

I feel like someone needs to "man-up" for their mistake and pay me for my losses.

 

[single317dad]

The responsible party is probably not the USPS; I may be wrong, and can't find the regs off the top of my head, but I think their insurance excludes cash and negotiable instruments except for Registered Mail services. The fact that they "delivered" the package will likely be enough for them to wash their hands of the matter.

Lexus probably lost the check, but as far as they know they could have received an empty envelope.

I don't think you have a very strong case to recover your costs for the loan. A local attorney could better assess your case, but those costs would probably quickly overshadow any compensation you receive.

 

[jl122983]

That's what I assumed but wanted to get another opinion.

It's just been a nightmare trying to get this resolved... Thank you again for your information!

 

[LdiJ]

Thank you for the quick response.

So my loan has been approved and hopefully within the next day or two, I should receive the funds. At that time, I'll payoff the account.

Who is at fault though for my losses? Lexus is pointing the finger at USPS and vice versa...

I have spoken to a Branch Manager where the Cashier's Check was made and we will be doing a declaration of Loss next week (we were told to wait 10 business days after we spoke to them last week).

I feel like someone needs to "man-up" for their mistake and pay me for my losses.

Why did you have to get a loan to pay off the car? Why didn't you just go back to the bank that provided the cashier's check and ask for that check to be cancelled and replaced?

 

[single317dad]

Why did you have to get a loan to pay off the car? Why didn't you just go back to the bank that provided the cashier's check and ask for that check to be cancelled and replaced?

Well, that's pretty much what OP did do, but it's not that simple with a cashier's check, and it takes some time to accomplish. There's a buyer who has paid in full and would like to register the car and the unsatisfied lien is preventing that. Seller (OP) is taking steps to accommodate the buyer in order to avoid a lawsuit, I'd wager.

 

[Just Blue]

Was the CC actually CASHED? Did you (OP) fine out is it was and if so...Who endorsed it?

Sorry if I missed it if the ^ was addressed