Also known as: certify a check · certified check · certifies a check · certifying a check · certified cheque
Written by attorneys · grounded in primary & secondary sources — see below
A bank's acceptance of a check drawn on it. The acceptance is shown by a writing on the check indicating that it is certified and binds the bank to pay the instrument according to its terms.
Christine Castro fell behind on her mortgage payments to Canyon Construction. Two days before the scheduled foreclosure sale she obtained a certified check for the full cure amount including missed installments and listed expenses. Canyon Construction received the check in time and the default was treated as cured.
Crestview Holdings presented its check to the drawee bank for certification before delivering it to Cedar Creek Farms. The bank wrote its acceptance across the face of the instrument. The certification bound the bank to honor the check when presented by the payee.
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Certification constitutes acceptance by the drawee bank. Once accepted the bank becomes obligated to pay the check according to its terms when properly presented.
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No. The drawee bank has no duty to certify a check. Refusal to certify does not constitute dishonor.
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Certification may appear as a writing on the check that indicates the instrument is certified. No particular words such as accepted or certified are required provided the writing shows the bank's intent to accept.
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Certified checks supply the certainty of bank-backed payment required to reinstate a loan. The statute lists them alongside cash and other irrevocable bank obligations to ensure the creditor receives reliable funds before halting foreclosure.
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