Consumer complaint received 2018-05-15
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MA
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem with a lender or other company charging your account
Sub-issue: Money was taken from your account on the wrong day or for the wrong amount

Complaint:
On XX/XX/2018, my mother wrote me a check from XXXX XXXX for {$10000.00}. I made a mobile deposit on XX/XX/2018 to my checking account at Bank of America, and the payment from XXXX XXXX to Bank of America was completed on XX/XX/2018. I should have properly disposed of the check and ripped it up, but I left it in my desk because I was unaware that it should be discarded after 14 days. 

On May 1-7, 2018, my roommates and I were moving out of my apartment and many prospective tenants and movers were in and out of the apartment, and somewhere during that time the check was stolen out of my desk. 

On XX/XX/2018 at XXXX PM, I received an email that my debit account was overdrawn and that {$10000.00} was reversed out of my debit account. I received a letter that stated " On XX/XX/2018, you deposited check serial number XXXX into your account using a mobile device. The same check had either already been deposited or deposited again after the date. To correct the duplicate deposit, we're debiting your account for {$10000.00}. '' I filed a police report on XX/XX/2018 and I opened a research claim at Bank of America on XX/XX/2018. Bank of America representative on XX/XX/2018 around XXXX PM called and said that another Bank of America customer deposited the check into an ATM machine on XX/XX/2018. Because they deposited a physical copy, they honor that first and took the money out of my account. However, then they realized that the check was fraudulent and decided not to transfer funds to the thief, but are also REFUSING to give me back the money. Bank of America is just holding the money themselves. They said that XXXX XXXX XXXX open a check fraud claim before they return money to my mother. 

However, XXXX XXXX VP Operations Manager sent me the email on XX/XX/2018 as follows : " When our Deposit Operation reviewed your case, we couldnt find either double posted transaction or non-posted transaction of the check. Please ask BoA to show the evidence that the check had been posted twice on your moms account. We really want to cooperate you to solve the problem, but we need your cooperation, too. '' Given that XXXX XXXX does NOT see a double posted transaction, they are unable to open a check fraud claim. Bank of America also is refusing to send an image of the physical copy that was altered to XXXX XXXX, so XXXX XXXX further does not have evidence of any double transaction. 

Bottom line is that Bank of America honored the first transaction from my mother to me, and then when the physical copy was deposited, DESPITE determining that the physical copy was fraudulent/altered, they refuse to return the money to me. They want a check file claim from XXXX XXXX. However, they have NOT posted the transaction twice to XXXX XXXX, so XXXX XXXX is XXXX to open a check fraud claim. I don't want to lose {$10000.00} to Bank of America for no reason, and it is my ENTIRE life savings. 

I am a poor graduating XXXX XXXX  with over {$90000.00} in loans already, and the {$10000.00} my mom wrote me was supposed to help me with my living expenses for the next three months until I start residency, and currently my account is overdrawn and at XXXX dollars. 

Please help.

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