Consumer complaint received 2023-01-02
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: VA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Cashing a check

Complaint:
Due to a large, destructive house fire, my former husband and I were paid multiple thousands in XXXX money to replace our losses. Our underaged children and I were quite traumatized from the ordeal. My husband was an abusive alcoholic, and drank his way through the process. I suffered physical abuse ( as documented by the Courts ). Therefore, I had asked our XXXX for our XXXX, ( XXXX XXXX ) to divide the funds for our living expenses so my children and I would be safe from any further abusive behaviors by my husband, so we could genuinely begin to heal. XXXX position was we were only entitled to one Rental Agreement for our family, so they would only honor one Lease on an as needed basis until our home was put back together. 

My former husband and I had set up an Account to deposit those paid funds into ; however, there were several Checks and the Escrow Account sought after by my husband that he did obtain from the Content XXXX without my knowledge. XXXX XXXX did subsequently receive and seized Checks two-party Checks from XXXX XXXX XXXX were half mine. During this period, until our divorce was finalized, I had become quite Ill, and was thought by the Physician that treated me that I had ALS. In addition to that diagnosis, I had suffered a torn rotator cuff injury as well. Afterwards, my health was on a continual decline ; resulting in a potentially cancerous diagnosis and treatment. I was in and out of treatment and care, and was completely unaware that the fraud had occurred. 

I sought justice through the XXXX XXXX Police and the XXXX Police Department. Two separate inquiries and subsequent filings, the Police Department issued a XXXX XXXX to me, and contacted XXXX XXXX regarding the seriousness of this matter. XXXX XXXX is a XXXX XXXX of which XXXX XXXX is well connected in. Each time I filed a Complaint, XXXX XXXX called in to the XXXX XXXX XXXX, and the Commonwealths Attorney informed the Officers that he would not move forward with having XXXX XXXX held accountable for the Fraud. 

I reached back out to XXXX XXXX XXXX for assistance in getting my half of the Funds XXXX XXXX stole. XXXX spent a lot of time in research on how to address this matter. An XXXX Representative contacted me. The stance XXXX has taken is supportive and valid. XXXX affirmed the funds are due me. XXXX also places the blame right where it should be ; on Bank of America. The statutes in place for any Institution in the state of Virginia as well as the stated fiduciary responsibilities of the Bank XXXX it illegal and unethical for the Bank to cash a two-party Check without both parties being present with their Identifications in tact. 

XXXX XXXX is an Insurance Representative and Advisor, and is well aware of the fiduciary responsibilities he has to abide by and uphold ; on and off duty. I want my funds returned to me without further delay. I contacted Bank of America, and they will not right their wrong. I have NEVER had an Account at Bank of America, and will not given this behavior theyve chosen to uphold. Therefore, I ask that 6 % be assessed to each Check amount balance total that was fraudulently cashed from those funds were cashed to current paid date. I too am an Insurance Representative with the same fiduciary responsibilities. Had I committed such a fraudulent act upon Bank of America, I am confident that this Institution would exhaust the rights and subsequent efforts to restore the losses. I appreciate your help in this matter, and look forward to restoration of my funds plus interest. Thank you Sincerely, XXXX XXXX XXXX ( XXXX ) XXXX Cell

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