Consumer complaint received 2022-11-03
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CT
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
On XX/XX/XXXX I was notified by Bank of America ( XXXX XXXX ) that three of my checks written on from my Trust account at XXXX XXXX  were presented to their tellers for deposit into three different fraudulent B of A accounts. The checks had been stolen from a mailbox where I mailed them to pay utility bills. I was unaware that they had been stolen and rewritten for different amounts to different recipients until B of A made this call. I confirmed with B of A that they were my checks but not as written. And, although my bank had already wired funds from my checking account to cover these checks, B of A did not move the funds into the fraudulent accounts ; they held the funds. They told me that the funds would be returned to my account after their research about the incident was completed -- roughly 45 days at most. 

On XX/XX/XXXX, XXXX form B of A called me to say that the research was almost complete and that funds from the first check were being deposited back to my account ; the rest would follow. 

The forged checks, numbered XXXX, XXXX, and XXXX were written for {$27000.00} ; {$24.00}, XXXX. and {$22000.00}, respectively. This mean s that almost {$75000.00} of my Trust account was missing. 
I am XXXX XXXX XXXX and this money, my savings, is needed for my care. 

It is now XX/XX/XXXX, long after the 45 day period first promised for the return of my funds and long after the legal scope of 30 to 60 days. I or my daughter on my behalf have called the B of A fraud dept multiple times weekly about the return of the funds. They confirm that they do have the funds and they confirm that the funds were never deposited into the fraud accounts but they can not say when they funds will be returned. A XXXX named XXXX told us on XX/XX/XXXX that there was nothing more that the Fraud Dept can do and that I should go to a local ranch and set up an account with B of A so that they can give us more information. I made an appointment to do as he directed. Then on XXXX, I talked to supervisor XXXX ( who I've spoken to three times ) who said that XXXX was incorrect and that the money would still be coming at some point but that there was an issue that requires me to go back to the police officer who made the report -- we have that case number and give him a phone number to call B of A and talk to them. Since then, I have left several messages for him ( XXXX XXXX ) but he has not returned any of my calls. 

In all these months no one has told us to go back to the police officer, and no one from B of A has reached back to us since XX/XX/XXXX. 

I am very afraid that B of A will just drag this out until I die and then refuse to give the money to the heirs for which it is in trust. My health is not great ; I go in and out of the hospital. 

B of a case number fo rthis issue is XXXX

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 explanation