Legal Question in Real Estate Law in California

Re: Check made out to an alias

Attorney Whipple is correct, the banks have a wide range in making their determination if they will honor the check. I have seen business checks cashed by the personal owner of the business and vice versa so it really is a case by case, not to mention bank by bank, issue.

I recommend, as did Attorney Whipple, that you open a new account based on your documentation. If they are not interested in the business, why give it to them?

Re: Check made out to an alias

What do you mean by "the bank?" The seller's bank, the escrow holder's bank, or YOUR bank?

Banks have a certain amount of discretion in honoring checks. However, the situation you describe goes well beyond reasonable caution, especially if this is the SAME bank where you regularly transact business.

Most banks routinely accept chacks made out to "Bill Jones" when their customer's legal name is William G. Jones, and the same should be true of a check to Pyotr Ulanov even if the account is in the name of Peter Ulanov. If they have suspicions as to whether the intende payee is indeed one and the same as their customer, they have plenty of ways to verify the facts.

I think you are the victim of a bank (or branch bank employees) who are/that is either very stupid or really don't want your business.

You should seek assistance from a higher officer of the bank, politely requesting proper handling of the check or a clear (to you) explanation of exactly what the acceptance problem is. If this fails, I would change banks before changing my name. In fact, your strategy should include visiting other banks, talking to their new accounts person, explaining your check-deposit problem, and looking for one that will handle the whole matter to your satisfaction.

I assume the check in question was issued by a reputable escrow or title company and is for a fairly large sum. Most banks would love to open a new account with such a deposit.

This answer assumes that there are no unusual conditions that raise reasonable doubt in a bank employee's mind as to the authenticity of the check or the identity of the bearer/depositor (you).