It's a moot point now, and I'm not sure about the specifics of the Cap One contract, but I do know that most lenders that cut 'blank checks' expire the check from their side the day after the expiration date. In other words, if the stated expiration is on the 24th, they must have the check back into their system no later than the 24th. Issuing it to the payee on the 24th is not good enough, nor is the payee depositing it on the 24th good enough.

I learned this the hard way with a similar style HELOC check I wrote a contractor a few months ago. Fortunately there were no 'bounced check' fees involved...he called to validate funding and they told him the check had expired...and in turn the bank's fraud department called me to validate that I had written it to him. Within a couple of days I had a fresh check to clear the whole mess up.

If I were in the situation again, I would call and ask for a new check if I were within 10 days of expiration just to play it safe.