Consumer complaint received 2016-05-27
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NC
Product: Bank account or service
Sub-product: Checking account
Issue: Deposits and withdrawals

Complaint:
A Draft from a XXXX bank made payable to my mother AND myself was deposited into a Bank of America checking account XXXX with only my mother and XXXX of my siblings, all in VA, as account holders. My name was NOT on the account. My mother who had XXXX XXXX and was non-functional for XXXX4 years prior to her death, died on XXXX XXXX, 2014, the check was deposited XXXX XXXX, 2014, 2 days after her death. I secured a copy of the processed check from the issuing bank as proof that it was deposited without neither my mother 's endorsement nor mine. I have tried for over a year to negotiate with my XXXX XXXX siblings to settle matters but finally I had to contract an ATTY to try to recover the funds but because the funds are in an account with only their names they are in control of distribution, leaving me without much recourse via my ATTY. If BoA had not accepted the draft without endorsement, I would not be in the present situation. According to my online legal research, there are many cases of similar instances, all indicating that a check made payable to parties using " AND '' should be signed by everybody named on the payee line. I went to XXXX different BoA branches in my area, XXXX, to try to obtain information but they stated they could not help because my name was not on the account in question. They did tell me the account was closed on XXXX. So now, I have no idea where my funds are. I contacted the XXXX XXXX XXXX questioning the legality of depositing a check under these circumstances, they did not directly reply but I did get a call from a BoA consumer advocate from the XXXX XXXX XXXX XXXX office who was assigned to investigate my question regarding the deposit. She stated she would call me back to obtain details to investigate the issue, but not hearing back from her I called several times in the past two weeks but had to leave her a voice message. My ATTY now has informed me that my XXXX XXXX siblings are distributing the money according to their decisions in the next week or so. I am contacting you in hopes that you can help me since this has been going on for over a year, I have tried the friendly familiar way, the ATTY way, working with BoA directly, and nothing is resolving the issue. The sibling involved in depositing the check has been in the banking industry for over 20 years, and has worked for BoA XXXX with friends in several BoA branches. He intentionally deposited the check while I was out of the country in XXXX. My complaint against BoA is that the check should have never been accepted for deposit without my endorsement, and they should now be liable to reimburse me the full amount of the original check, and maybe ATTY fees for all my stress and time for over a year. I believe some action is in order against all involved in the deposit of the check which appears to have been a " friendly '' transaction. Please call me if would like clarification or have questions.

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