New Randolph Halsted Currency Exchange, Inc. v. Regent Title Insurance Agency, LLC

939 N.E.2d 1024, 405 Ill. App. 3d 923, 345 Ill. Dec. 844, 73 U.C.C. Rep. Serv. 2d (West) 341, 2010 Ill. App. LEXIS 1249
CourtAppellate Court of Illinois
DecidedNovember 24, 2010
Docket1-09-1292
StatusPublished
Cited by1 cases

This text of 939 N.E.2d 1024 (New Randolph Halsted Currency Exchange, Inc. v. Regent Title Insurance Agency, LLC) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
New Randolph Halsted Currency Exchange, Inc. v. Regent Title Insurance Agency, LLC, 939 N.E.2d 1024, 405 Ill. App. 3d 923, 345 Ill. Dec. 844, 73 U.C.C. Rep. Serv. 2d (West) 341, 2010 Ill. App. LEXIS 1249 (Ill. Ct. App. 2010).

Opinion

JUSTICE NEVILLE

delivered the opinion of the court:

New Randolph Halsted Currency Exchange (New Randolph) cashed a check drawn on a bank account of Regent Title Insurance Agency (Regent). Regent stopped payment on the check. New Randolph sued Regent for payment, claiming that New Randolph qualified as a holder in due course of the check. Following a bench trial, the trial court held that New Randolph was not a holder in due course because the check-cashing transaction raised several warning signals that should have alerted New Randolph to the possibility of fraud. The court entered judgment in favor of Regent.

New Randolph also sought sanctions against Regent for its responses to requests to admit. The court imposed sanctions for one of the responses but not for others.

On New Randolph’s appeal, we find that New Randolph took commercially reasonable precautions before cashing the check, and therefore it qualifies as a holder in due course, and we reverse the trial court. We also find that the trial court did not abuse its discretion by denying part of New Randolph’s motion for sanctions, and we affirm the trial court. On Regent’s cross-appeal, we find that the trial court did not abuse its discretion by imposing the sanction against Regent, and we affirm the trial court. Thus, we affirm in part, reverse in part, and remand this case to the trial court.

BACKGROUND

Regent served as a settlement agent for closing real estate transactions. Regent cut checks to distribute funds to all the parties to such transactions.

On December 23, 2005, New Randolph cashed a check from Regent, made out to Charae Pearson, for $1,945.99. Four days later, New Randolph cashed another check for Pearson, again from Regent, this time for $2,500. On January 11, 2006, Pearson brought to New Randolph Regent’s check number 22221, for $29,588.31. Unlike the prior checks, which spelled Pearson’s name correctly, this check showed the payee as “CHAREA PAERSON.” The check indicated that Pearson received it as a “LOAN PAYOFF.” Pearson presented the check to Patrice Keys, manager of New Randolph. Pearson showed Keys her state identification card, which had been issued on December 30, 2005. Pearson told Keys that Regent issued the check to her to pay her a commission she earned from the sale of property.

PLS Check Cashers, which owned New Randolph, did not authorize Keys to cash checks in excess of $5,000 without approval from her supervisor. Keys contacted Sandra Arizaga of PLS. Arizaga authorized Keys to cash the check.

Police arrested Pearson on January 23, 2006, charging her with check fraud. Two days later, police arrested Tatiana Auson, an employee of Regent, on the same charge. Regent had hired Auson to work as a funder, meaning that Regent authorized Auson to cut checks for the parties to real estate transactions. According to Regent’s investigator, Auson cancelled checks intended for parties to real estate transactions, then issued new checks to different payees for the amounts of the original checks. Pearson admitted that Auson gave her the three checks New Randolph cashed for Pearson. Pearson kept about $5,000 of the proceeds from the checks, and she gave the remainder to Auson. All three checks appeared to bear the signature of Karen Hendricks, who had authority to sign checks on behalf of Regent.

Regent told its bank to stop payment on the check. New Randolph sued Regent for payment of the check, claiming that its status as a holder in due course entitled it to payment, despite the evidence that Auson and Pearson conspired to defraud Regent. See 810 ILCS 5/3— 302 (West 2006); First of America Bank-Northeast Illinois, N.A. v. Bocian, 245 Ill. App. 3d 495, 499 (1993).

Before the trial, New Randolph sent to Regent a request to admit certain facts, including the following:

“1. On or about January 11, 2006, Regent Title drew its check number 22221 in the amount of $29,588.31 on American Chartered Bank of Downers Grove, Illinois payable to Charea Paerson (the ‘Check’).

***

3. The Check bears an authorized signature of Regent Title.” Regent answered:

“[1.] Regent denies it drew check number 22221 on American Chartered Bank or that anyone was authorized to cut such a check to Charea Paerson. Regent admits Charea Paerson was listed as payee on such numbered check. Regent denies the remaining allegations in this request to admit.

Regent denies Request 3 and further states that no Regent employee was authorized to cut such a check to Ms. Paerson.”

At the trial, Keys testified that she looked up Pearson in PLS’s database and found that she had recently cashed two other checks from Regent for lesser amounts. Keys called Regent, using a phone number she found in PLS’s database. The person who answered the call for Regent confirmed that Regent issued the check to Pearson for the dollar amount shown, as payment of a commission. According to the person who answered the call for Regent, Pearson earned the commission from her work as an employee of Regent.

Arizaga, who worked as director of operations for PLS, testified that she approved about three checks each week for amounts exceeding the amount of Regent’s check number 22221. She spoke with Keys about the check, and then she looked up the phone number for Regent at Regent’s Web site. Arizaga testified that she called the number and asked to speak with someone about verifying a check. The woman with whom she spoke confirmed that Regent issued the check to Pearson in the amount shown. Arizaga then contacted American Chartered Bank, which confirmed that the check came from a valid account with sufficient funds to cover the check, and Regent had not stopped payment on the check.

On cross-examination, Arizaga admitted that according to PLS’s manual, the misspelling of Pearson’s name could signal fraud. Pearson’s recent identification card should also raise suspicion. Arizaga did not remember whether she noticed that the check indicated its purpose as “LOAN PAYOFF,” instead of listing the payment as a commission.

Regent introduced PLS’s manual into evidence. The manual emphasizes that PLS earns its fees by cashing checks, so the employee should “[sjpend *** time proving that the check can be cashed and not looking for excuses not to cash it.” (Emphasis omitted.) The manual identifies several signs that a check might not be valid, including several of the factors present in this case. According to the manual, the employee should “verify that the check is good” by “phoning the maker.” (Emphasis omitted.)

William Andrews, the president of Regent’s commercial division, testified that Pearson never worked for Regent, and no woman working at Regent would have fielded a call about who worked at Regent. Andrews admitted that the check appears to bear Hendricks’s authorized signature. Andrews did not know whether Hendricks actually signed the fraudulently issued check.

The trial court summarized its findings of fact. It found that Arizaga and Keys called Regent to verify the check.

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939 N.E.2d 1024, 405 Ill. App. 3d 923, 345 Ill. Dec. 844, 73 U.C.C. Rep. Serv. 2d (West) 341, 2010 Ill. App. LEXIS 1249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-randolph-halsted-currency-exchange-inc-v-regent-title-insurance-illappct-2010.