Consumer complaint received 2022-05-28
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: WA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Trouble during payment process

Complaint:
I am a XXXX XXXX XXXX retired XXXX from the XXXX XXXX XXXX. In my XXXX XXXX working within the XXXX XXXX XXXX XXXX, whether in XXXX XXXX XXXX XXXX XXXX facing with many difficult problems and decisions, I had not run across the level of denial or ignorance that I have observed within the Bank of America system . Refusing to accept responsibilities, accountability; refusing to admit wrong doing, deliberately covering up facts and mistakes. A person or an institution not willing to admit wrongs, would not recognize those wrongs, therefore will not see a need to make corrections. 

In the last comment stated in the response on XX/XX/XXXX that XXXX XXXX, we realized that you may not be pleased with our final resolution and Bank of America considers the matter closed and will no longer respond to further inquiries ; clearing telling me and the rest of the world that Bank of America does not want to answer any pertinent questions honestly and in detail, does not want to resolve the issues, just want to sweep this mater under the rug and not wanting to deal with them. If there was a final resolution as stated, please share with me what was this final resolution from Bank of America? 

Shortly after the fire was put out by the XXXX XXXX XXXX, my home insurance XXXX issued me a check in the amount of {$170000.00} on XX/XX/XXXX as an initial payment for restoring our home. I deposited this check into my BofA account on XX/XX/XXXX, and I was not told or received any explanation that the check is being handled differently than any other checks. After XXXX months not seeing this amount available I started calling BofA to find out what happen to my fund supposed to be available for me to pay the contractor. I finally received funding in my account ( XXXX and a half months later ), but only {$57000.00} was released to me on XX/XX/XXXX. I called BofAs Property claims for an explanation. I was told that because there were dishonest contractors out there who failed to perform as expected, BofA has to closely monitor how funding is released by ordering periodic home inspection, review the report closely and carefully, authenticate the written report with the accompanied photos that the percentage of job completion is accurate before disbursing the fund. Bank of America failed to accomplish that process. 

If BofA had reviewed the XX/XX/XXXX report closely along with the photos, the 60 % job completion failed to support the amount of work done in accordance with the photos taken by the inspector. Why was that not caught the eyes of the BofA personnel who were responsibility in reviewing the report? Past experience that BofA has with the possibility of dishonest contractors doing less work and receiving more pay from its customers has driven BofA to initiate a procedure to closely and carefully review home inspection report for job progress before funding release. BofA has internal guidelines and SOP that their personnel has to follow to insure the effectiveness of this program and to prevent mishaps. Your personnel had done their part to withhold insurance disbursed funds ; they had also done their part to order the home inspection reports. BofA personnel had failed to properly review and authenticate the reports for validity and accuracy. If this last step was done when the XX/XX/XXXX inspection report was received ; the percentage of job completion was only 30 % and not 60 % ; and the second payment of {$46000.00} should not have released on XX/XX/XXXX. This system of check and balanced has not included the homeowners ( who know their home ) or the insurance company who pay for the home restoration, only BofA has this report and not diligently managed or processed them. ( see attached faulty XXXX inspection report ) Unreasonably closing a case by not giving a satisfactory explanation would not solve a problem, if Bank of America still think that it is not liable for the insurance fund mismanagement action, give me a satisfactory explanation ( 1 ) why you are not liable for failing to follow your own process? ( 2 ) Why disbursing more fund than work done creating an opportunity for abuse by dishonest contractors is not your liability? ( 3 ) why failing to review the inspection reports closely and carefully is not your responsibility? ( 4 ) Why even bother to order for home inspection if you are not going to read the content carefully before disbursing fund? Please answer all points by the number, and again do not give schoolbook answers that every one already know. I would not be asking those question if you are following your procedures by the book. 

In the past XXXX complaints I filed, BofA had totally ignored or to address this process is not being followed, recklessly issued my fund and blatantly blaming me for my action. Please address your home inspection process how you exercise your review and authenticate those reports as accurate leading to appropriate funding release. Again, please do not give me schoolbook answers as you did in the past. I want to know what your Property Claim personnel really did with those reports and why they had missed such critical errors I had filed a report with the Federal Trade Commission against XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX for fabricating and falsified home inspection reports ( see attached falsified reports ). XXXX is contracted by Bank of America and BofA is totally responsible for its action for the deliberate delivery of falsified home inspection reports, and BofA acted upon their results in releasing fund to me. If BofAs verifying process not including the homeowner when those reports become available, then BofAs system is flawed, and a flawed system resulting in harm done to BofA customers, BofA is still liable for the damage and must compensate for its mistakes. Bank of America is holding my insurance fund and not diligently managing that fund, Bank of America is liable for the mis- management of that fund leading to more money release than work done. 

Bank of America and XXXX XXXX XXXX are the professionals who have the knowledge of the definition of percentage of job completion and details how the percentage arrives. A lay person like myself is lacking that knowledge, and thats the reason I have to rely on them to assure the amount of work done by the XXXX is accurately assessed. Misinterpreting that value leading to wrong judgment is the liability of Bank of America and XXXX XXXX XXXX. A mistake is unintentional, a misguided act ; but an intentional misdirection is more than a mistake. Both Bank of America and XXXX had made several intentional misdirection leading to harm done to me financially. Please do not ignore this comment, give a reasonable and acceptable explanation if you disagree!

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