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Can title company write two checks?

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Old May 12th, 2008, 08:31 PM     #1
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Question Can title company write two checks?

Hi, This message is related to the state of Arizona, a state defined as community property.

My brother is in prison and He gave me his power of attorney for all his legal matters.

One of those was to sell the house with his wife. The title company requested a special power of attorney for the property and everything was done as they requested. After closing the sell of the house, the title company wrote a check under both names, my brother and his wife, since she didn't want to split the money 50/50, my brother said let a divorce judge decide how the money will be assigned. She went back to the title company and ask them to write two checks, but they refused, She kept going, and going, and I don't know the specific arguments She gave them but finally they give her two checks, one under my brother's name only y another under her name only with a 50/50 split, she went to her bank and deposited her check and went to a join account she used to have with my brother, deposited the check and withdraw the money, so she kept the whole proceedings of the sell. The divorce process is in progress, still waiting.
I do have a few questions:

-Is legal what she is doing?

-Is ok for a title company to write two checks and give to her, knowingly that my brother was in prison and I represent him? They knew, they had my phone number, address, etc.

-Should I contact a lawyer or the title company first?

Thanks, any response is appreciated.
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Old May 13th, 2008, 12:38 PM     #2
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Default Re: Can title company write two checks?

[so she kept the whole proceedings of the sell.]

That is not right or legal. Inform the divorce judge ASAP and ask him to order the proceeds to beheld in escrow.

...have a lawyer review what she actually did as she may have broken the law...
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Old May 16th, 2008, 04:17 PM     #3
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Default Re: Can title company write two checks?

The things that She already cashed the two checks and took all the money?

Can a title company in Arizona cut one check that already was issued into two checks 50/50 and give them to Her?

Thanks
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Old May 16th, 2008, 04:18 PM     #4
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Default Re: Can title company write two checks?

Sorry,

Correction:

The thing is that She already cashed both checks and took all the money.
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Old May 17th, 2008, 10:48 AM     #5
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Default Re: Can title company write two checks?

Having cashed them does not exonerate her if the checks were cashed illegally.
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