Consumer complaint received 2023-10-22
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: AK
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
In late XXXX XXXX of XXXX my bank account ( Bank of America ) was closed due to " fraudulent activity '' because I was receiving transfers from my boyfriend, XXXX XXXX XXXX as I handle all the finances. He had been sending me money from his account for more than a year before my account was flagged as fraud and closed. I spoke to someone right after it was pending closure and they said that we had 2 options - we could simply go into a BofA and add him to the account and this would clear everything up and we could have the money. We live in Alaska and there are no BofA 's here so we would have had to fly down to XXXX to handle this. At the time we didn't realize how serious this would end up being so we didn't think we really needed to fly down. The second option was that we could close the account and they would send me a check for the amount in the account within 45 days. We chose the second option as that was easiest for us. BofA officially closed the account 2 days after this phone call. Not giving us enough time to even try and get to XXXX to handle this. After more than 45 days and no check I called to see the status. I was then told that Bank of America would need to verify the funds and would then send me a check if it was deemed that they indeed belonged to me. I called regularly to check on the status and finally after 2 months they deemed that the funds in my account in the amount of {$11000.00} ( 2 transfers in the amount of {$700.00} and {$1700.00} never made it into my account but left his. A grand total of {$14000.00} ) actually belonged to XXXX and I would not be getting them back but that he would be receiving a transfer back into his account. I continue to call and check in regularly as XXXX has not received the transfer he was told he would receive. Meanwhile, he is calling his bank to see what's going on. The representatives that he talked to all said that there was no fraud on his end... 
I keep calling to see what can we do, what needs to be done to get this money back because this is our livelihood here, it's a lot of money that we no longer had to pay our bills. I am now being told that they won't just send the money back despite the fact that they have deemed the funds belong to him, they will only send it once they receive a recall request from XXXX 's bank. Well, despite requesting a recall many many times it always comes back denied, even after we have explained the situation - that the money is waiting to be sent back after BofA receives the request. XXXX 's bank had in fact requested the funds be returned but never got a response from Bank of America. 
I finally got sick and tired of being told so many different things every time I called Account Closures that I called a lawyer in Alaska to explain the situation to him. We chatted for about 20 minutes but he said he couldn't really help me but it was a terrible thing they were putting me through, and defamation of character not to mention fraud on their end by keeping the funds they admitted to being owned by another individual. 
I submitted a complaint to the Office of the Comptroller of Currency in XXXX of XXXX  which was no help at all and the account closure remained. 
We were told by BofA that we had to get XXXX " verified '' but they could not do it over the phone so we needed to do it in person with 2 forms of identification. We decide to go down to XXXX XXXX in XXXX of XXXX to visit a BofA in person to show that XXXX is a real person and see what we can do. We spoke with the branch manager and he was very helpful, got XXXX verified, and we felt like we got somewhere by being able to explain our situation to a real human. We managed to get on the phone with XXXX 's bank while we were in the office with a BofA employee who could see all of my side of it. XXXX would not speak to the BofA employee after they got him verified. The branch manager gave us a number to call because there was a form we could fill out and sign and send back so that we could get him added onto the account. I called the number, requested the form, and was told it would take 4-10 days to receive and once it was filled out I could call Account Closures and have the account reopened. 3 weeks go by and no form, so I call again and request another form be sent. Again, I was told 4-10 days, but she also said that I could go into a BofA and sign a form in-person... ( I was just there! See the runaround I keep getting? ) 3 more weeks and still no form so I called a third time. This time I am told that there is no way to add him to the account as it has already been closed. 
I end up sending a packet to XXXX XXXX, the representative that responded to my complaint to the Office of the Comptroller of Currency a letter stating the hardship this situation has caused us, the statements showing my balance prior to the closure as well as the closure and removal of my money, 2 forms of identification for both myself and XXXX, a notarized letter from XXXX stating that he knowingly and willingly made those transfers of his own free will. 
I was later contacted by a woman named XXXX XXXX who had apparently taken over for XXXX XXXX- the Resolution Specialist for Regulatory Complaints who I sent the packet to. We were able to talk about the situation but she was not able to do anything for my situation. She stated that in order for the funds to be released they needed a recall request from XXXX 's bank ( which had been done many times already ), other than that there was nothing that could be done and she was officially going to mark the claim as " closed ''. I strongly disagreed with this and she assured me that it could be reopened at any time. I have since been unable to get in touch with XXXX. She does not answer her phone and she has not responded to the many messages I have left her. 

My biggest issue with this whole situation is that even after Bank of America deemed that the funds belong to someone else they refuse to release the funds unless specifically requested to do so by the other persons bank. And in this case, even after receiving a request they still won't release the funds.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with monetary relief