Consumer complaint received 2019-07-28
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Money transfer, virtual currency, or money service
Sub-product: Traveler's check or cashier's check
Issue: Fraud or scam

Complaint:
My home located at XXXX XXXX XXXX, # XXXX XXXX XXXX XXXX ( XXXX XXXX ) was foreclosed and sold at trustee sale for {$710000.00} on XX/XX/XXXX. 

XXXX XXXX XXXX was the foreclosing trustee that conducted the purported sale. 
After payment of the underlying debt to the foreclosing lender ( XXXX XXXX  ), there were significant excess sale proceeds or surplus funds remaining in the amount of {$480000.00} to be distributed by the trustee to potential claimants. 

On XX/XX/XXXX XXXX XXXX XXXX filed a Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee 's Sale with XXXX XXXX County Superior Court under case # XXXX. 

On XX/XX/XXXX, a year after filing the petition with the court, the trustee XXXX XXXX XXXX deposited the Surplus Funds in the amount of {$480000.00} with the XXXX XXXX County Superior Court, receipt number XXXX. 

On XX/XX/XXXX Judge XXXX XXXX XXXX approved and signed an order to distribute the surplus funds as follows : XXXX XXXX XXXX XXXX to receive {$51000.00}. 
XXXX XXXX XXXX XXXX to receive {$25000.00}. 
XXXX XXXX XXXX, XXXX to receive {$22000.00}. 
XXXX XXXX to receive the balance of {$380000.00}. 

On XX/XX/XXXX, the XXXX XXXX County Superior Court issued check no : XXXX drawn on Bank of America Routing Number # XXXX from Account # XXXX in the amount of {$380000.00} payable to XXXX XXXX. 


On XX/XX/XXXX, I visited the Bank of America XXXX Branch in XXXX, CA ( XXXX ) to cash the check from the court. XXXX XXXX the relationship manager who assisted me with my transaction told me that the branch didnt have enough cash on hand to cover the amount of the court check. Since cashing the check was not an option, I asked him if I could receive a small amount of cash and purchase BoA cashiers checks for the remaining balance in lieu of cash. He told me that the branch could accommodate my request and processed the transaction as follows : I received {$4100.00} in cash and received the balance of {$380000.00} in four Bank of America Cashiers Checks all payable to the order of XXXX XXXX The four Cashiers Checks were issued sequentially as follows : Cashiers Check # XXXX Routing No : XXXX Account # : XXXX Date : XX/XX/XXXX Amount : {$230000.00}. 

Cashiers Check # XXXX Routing No : XXXX Account # : XXXX Date : XX/XX/XXXX Amount {$100000.00}. 

Cashiers Check # XXXX Routing No : XXXX Account # : XXXX Date : XX/XX/XXXX Amount {$50000.00}. 

Cashiers Check # XXXX Routing No : XXXX Account # : XXXX Date : XX/XX/XXXX Amount {$5000.00}. 

I kept the cashiers checks at my home and have used them to cover my living expenses by cashing out between {$4000.00} to {$6000.00} once a month at either the XXXX or the XXXX XXXX XXXX Bank of America Financial Centers, and receiving the remaining balance in a new Bank of America cashiers check. 

All of the cashiers checks that I have received from Bank of America including the first four cashiers checks issued on XX/XX/XXXX have been drawn on Routing Transit Number XXXX from Account Number XXXX. I recently discovered that these cashiers checks are all counterfeit, as they are drawn on Routing Transit Number XXXX which belongs to Bank of America Arizona a bank that is closed and no longer active. 

This information can be verified using the NICs Institution Search Tool. The National Information Center ( NIC ) is a repository of financial data and institution characteristics collected by the Federal Reserve System and their institution search tool allows the public to search and view data about financial institutions. There are several search options available, including searching by RTN ( Routing Transit Number ). A search for Routing Transit Number XXXX using the NICs Institution Search Tool yields the following result : BANK OF AMERICA ARIZONA XXXX XXXX : XXXX XXXX XXXX XXXX XXXX, XXXX, AZ, UNITED STATES XXXX Institution Details Web Site : N/A Institution Type : Non-member Bank Primary Federal Regulator : FDIC Primary Activity : COMMERCIAL BANKING Primary Activity Code : XXXX Status : Inactive ( as of XXXX ) Insurance : FDIC/BIF AND FDIC/SAIF FDIC Certificate # : XXXX RTN/ABA : XXXX XXXX LEI : N/A In addition, check no : XXXX drawn on Bank of America Routing Number # XXXX from Account Number # XXXX that I received from the XXXX XXXX County Superior Court pursuant to the court order in case XXXX is also counterfeit. It is drawn on Routing Number XXXX which corresponds to Bank of America XXXX XXXX XXXX  XXXX XXXX, a bank that is closed and no longer active. 
A search for Routing Transit Number XXXX using the NICs Institution Search Tool yields the following result : BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION RSSD ID : XXXX XXXX XXXX XXXX, XXXX XXXX, CA, UNITED STATES XXXX Institution Details Web Site : N/A Institution Type : National Bank Primary Federal Regulator : OCC Primary Activity : COMMERCIAL BANKING Primary Activity Code : XXXX Status : Inactive ( as of XXXX ) Insurance : FDIC/BIF AND FDIC/SAIF FDIC Certificate # : XXXX XXXX : XXXX LEI : N/A I verified this information by contacting the FDIC who confirmed that Bank of America Arizona as well as Bank of America Trust and Savings Association are both closed and inactive. 
I contacted Bank of Americas Check Fraud Claim Department for an explanation as to why Bank of America has issued me cashiers checks drawn on a closed bank ( Routing Transit Number XXXX ) as verified by the FDIC. The supervisor that I spoke denied that Bank of America Arizona is closed and inactive yet refused to provide me with a physical address or telephone number for Bank of America Arizona due to privacy restrictions. She also refused to provide me with her name. 

Attachments : CRC Petition re Surplus Funds.pdf Civil Deposit.pdf Court Order re final distribution to All Claimants.pdf Check from XXXX Superior Court in re XXXXpdf First Transaction XXXX.pdf Institution Profiles - National Information Center.pdf

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