Consumer complaint received 2017-11-27
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NJ
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem caused by your funds being low
Sub-issue: Non-sufficient funds and associated fees

Complaint:
I previously submitted a complaint with CFPB regarding Bank of America ( BOA ) on XXXX XXXX, 2017 and XXXX XXXX, 2017 ( complaint ID XXXX and XXXX respectively ). Briefly, I received a check from XXXX XXXX XXXX XXXX for a claim that I made for my kitchen which had flooded. The check was payable to me and XXXX XXXX XXXX, the lien holder on my mortgage. XXXX first endorsed the check and sent it back to me for my endorsement. Because I was having health issues with several hospitalizations and the XX/XX/XXXX due to IXXXX XXXX XXXX, I deposited the check through the BOA ATM machine at the XXXX, NJ Bank of America ATM. The check was subsequently impounded by Bank of America, with an explanation that the check was impounded because XXXX XXXX XXXX  was not listed on my account ( similar to listing one 's spouse on the check ... .why I would have my mortgage company listed on my bank account and bank checks has yet to be explained to me by BOA ). After many, many calls to BOA and receiving a different explanation from each and every person that I spoke with at BOA, I finally submitted two complaints to CFPB because nobody at BOA could provide me with a consistent explanation. To CFPB 's credit, after I filed a complaint, I finally received a call from Regulatory Complaint Servicing, a Debt Collector at Bank of America ( XXXX XXXX at XXXX. XXXX and XXXX at ext. XXXX - both employees can be reached at XXXX ). I was informed that had I read the twenty something pages of BOA 's Term and Conditions, I would have known that because XXXX was not listed on my account, I would not be able to deposit the check into a BOA ATM, rather, I should have known to go into the bank ( my deposit was after hours ) and I should have had an Officer of the Bank handle my transaction. I explained that Bank of America is spending an excessive amount of money in advertising and social media trying to encourage their customers to take pictures of their deposit, using an ATM or Drive Thru Window ... .anything to keep customers from walking into a bank and to keep their customers from interacting face to face with a BOA employee, and yet I am told that I should have known that because XXXX XXXX XXXX was not listed on my account, I should have entered into the forbidden land ( inside of a Bank of America Branch ) to seek out an officer of Bank of America in order to properly make my deposit. 

I was told that within days, I would receive the impounded check to my home so that I could re-deposit the check with an Officer of the XXXX, NJ Bank of America Branch. That was in XX/XX/XXXX ... ... .it is now nearly XX/XX/XXXX and I have yet to receive the check. Meanwhile, because I have all of my creditors on Auto-Pay ( which BOA strongly encourages in order that they can forecast a predictable revenue stream ), I have been notified by BOA that to date, I have had 10 items returned due to Non Sufficient Funds ( NSF ) for a total of {$38000.00}. ( NSF documents from BOA included as attachments. Additionally, I have also been charged by the creditors due to late payment ( due to my having NSF ) for a total of {$450.00}. 

I have placed several calls to XXXX XXXX and XXXX at BOA 's Regulatory Complaint Servicing. I left several XXXX mails asking them to reverse the fees that I was charged by BOA due to NSF 's since these charges were due to BOA impounding my insurance reimbursement check. To date, neither XXXX XXXX or XXXX or anybody else at BOA will return my calls. 

Additionally, due to the impounding of my insurance reimbursement check and the assessment of NSF fees and creditor fees, I have fallen behind on 3 months of mortgage payments to XXXX XXXX XXXX, subjecting me to a possible foreclosure on my home. 

Thus, I am again asking CFPB to assist me

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