Consumer complaint received 2022-07-31
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Checking or savings account
Sub-product: Checking account
Issue: Closing an account
Sub-issue: Funds not received from closed account

Complaint:
XX/XX/2022 Legal Document notarized and sworn XXXX XXXX XXXX # XXXX XXXX XXXX Bank of America XXXX XXXX XXXX XXXX XXXX FL XXXX XXXX - XXXX XXXX Legal Document is Receipt and Release file # XXXX At Surrogates Court of the state of New York Authorized and accounted XXXX XXXX XXXX  XXXX ( XXXX XXXX XXXX XXXX Attorney XXXXXXXX XXXX XXXXXXXX of XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX NY XXXX XXXX XX/XX/2022 Estate of XXXX XXXX ( XXXX, XXXX XXXX legatee XXXX XXXX ( XXXX ) XXXX funds received in the amount of {$250000.00} on personal check, deposited into XXXX, from Executor/Administrator XXXX XXXX  XXXX in the Estate of XXXX XXXX XXXX as noted above ) Transaction ID XXXX XXXX XXXX XXXX Originally {$5300.00} released on XX/XX/2022, rest {$250000.00} released on XX/XX/2022 however as of XX/XX/2022, entire hold placed on {$250000.00} until XX/XX/2022 by XXXX EST XX/XX/2022 by XXXX EST Funds became fully available in the account. I moved money between Bank of America accounts ( XXXX ), started to satisfy debts in my name, invest, and book a medical procedure with a {$5000.00} deposit. Fraud department was spoken with at least 6 times in 6 hours, all wanting to verify transactions. I verified all transactions were mine. The last call to XXXX in Texas in the fraud department resulted in a 2 hour hold, which is when restrictions started being placed on the accounts. I then went on to discuss the matter with Client Protection Service. They said the accounts would be closed pending further review due to an altered check. 

XX/XX/2022 This is the day I was told by XXXX the accounts would be closed, and if there were any remaining funds ( there is ) they would be mailed out via cashiers check to the address on file. There were still ACH transactions attempting to process in the account, so the closure was pushed until XX/XX/2022 XX/XX/2022 I called XXXX to follow up and inquire about XXXX tracking numbers they claimed I would receive at that time. Instead, I was told all funds were sent to back office for further review due to a stolen check. No funds being released at this time. The check is not stolen, so that in itself is false, and I am most certainly not a thief but XXXX in Client Protection Services seems to think so since she claims that I have stolen this check. No one else has said anything about the check but her. Everyone else was unwilling to disclose, which I understand is not something the bank is obliged ( disclose ) to do. 

At this time, I am believed to have been committed a crime, whereas here in the United States of America you are innocent until proven guilty in a court of law. I have all necessary legal documentation that backs the authorization and disbursement of this check ( XXXX XXXX XXXXXXXX XXXX XXXX XXXX ). It is registered in XXXX XXXX in the state of New York. 

The clearing house had more than enough time to verify the authenticity of this check. Thats not the case. 
If the check was indeed reported stolen, this process that Bank of America is putting me through would not be going the way it is. I would have law enforcement officers knocking on my door. The bank would have closed the account immediately and ceased communications with me. Theft is not the case. 
The check is not reported stolen. There are 5 other members in this estate who have all received their funds and started spending them already. Granted, none of the other legatees in this estate are clients of Bank of America. Only me. 

There is something that someone in one of these departments is not telling me or being upfront about, and while the banks policy states you are under no obligation to disclose the immediate reason, there is clearly an error on someones behalf, and it is not mine nor the checkwriters. 

XX/XX/2022 I called XXXX again, just like I do almost every business day. The first person I spoke to had me on hold for a few minutes and came back to tell me she can see two checks being mailed out and they should get there by XX/XX/XXXX. However, while she was saying this, it was almost like someone was listening in and switched lines on us so we could not continue the call. I called back, twice. Both times, they told me there is no further information available. I asked them what about this XX/XX/XXXX date I was just informed about? They state there are no dates and whenever it happens, it happens. Unacceptable.

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