Consumer complaint received 2023-09-13
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: IL
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Cashing a check

Complaint:
On XX/XX/XXXXXXXX  my mortgage company XXXX XXXX XXXX XXXX called to inform us they had not received our payment. We said well we sent the check to the po box as we always do and someone cashed it on XX/XX/XXXX. They informed us that they did not receive the check and they noticed it was endorsed on the back and they do not endorse the checks so to contact our bank as it was not them who cashed it. We contact our bank, XXXX immediately and on XX/XX/XXXXXXXX  we learned that someone electronically deposited the check through Bank of America for the amount of {$2700.00}, check number XXXX. The check was not altered in anyway so Bank of America let this person deposit a check not payable to them and gave the person my money. We completed the appropriate form called the declaration of an unauthorized endorsement or altered item along with XXXX XXXX XXXX XXXX for XXXX to file with Bank of America. I was informed via XXXX ( my bank ) that it could take up to 90 days to receive my funds back. In the meantime I had to come up with an additional mortgage payment to not be sent to collections! I called every month checking on my claim and the first 90 days nothing was done. In XXXX I called and they said because it was Bank of America they actually have 120 days once a claim is filed to respond. Well that day came and went and I continued to call every month about my claim. In XXXX we received a letter saying they closed my claim and if we wanted to pursue this on our own please contact the bank who it was cashed with. The letter XXXX emailed my husband also had the incorrect address on it as we never ever lived in Indiana and neither of us know the address, and thought that was weird. When I called on XX/XX/XXXX to follow up the claim was escalated and I would hear back within 3 business day but that I needed to follow up. When I did I was told there was nothing more XXXX could do for me as Bank of America has not responded to any of the letters they have sent, but the claim will not be closed ( contradicting the letter they sent? ). I then called again in XXXX and XXXX with the same outcome and in XX/XX/XXXX we had news! Bank of America had asked for all the documents again for the claim. I was then told it could take 90 days for them to review, which they already did. I called again in XXXX and XXXX with the same result XXXX  can not do anything more then send the letters to Bank of America if they choose not to respond XXXX  hands are tied and I would have to pursue other ventures outside of the bank. When I asked what that meant XXXX would not elaborate. 
The frustrating thing is that someone stole {$2700.00}. XXXX from me and my bank XXXX wont give me my funds because Bank of America have not admitted fault in the fraud and I am out that money that we could really use!!! I have filed a police report as well and nothing has come of this. We are going on NINE months and Bank of America will not give me my money and XXXX says they will not reimburse me as they are not responsible!!! PS we no longer write checks for our mortgage- lesson learned : (

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