Consumer complaint received 2017-09-05
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: VA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
Facts of the Case : XXXX XXXX rent check XXXX ( Bank of America ) for {$9400.00} made to XXXX XXXX was stolen. 
Check was presented at a XXXX XXXX ATM onXX/XX/XXXX in XXXX GA but, not honored. 
Multiple phone calls, visits and correspondence failed to restore the money to XXXX XXXX. 
XXXX XXXX has the funds. 
XXXX XXXX is out not only the money but the interest and opportunity costs. Staff have spent at least 60 hours discussing, corresponding and following up with the respective entities involved. 
Consultation with our legal representative XXXX XXXX XXXX XXXX have yet to be billed. 

XXXX : XX/XX/XXXX : Check # XXXX From XXXX XXXX Account ( XXXX ) was written and mailed to : XXXX XXXX in payment for rent {$9400.00} XX/XX/XXXX : XXXX XXXX notifies XXXX XXXX of failure to pay rent and other charges. 
-XX/XX/XXXX-XX/XX/XXXX Multiple phone calls and visits to Bank of America XXXX XXXX XXXX XXXX XXXX XXXX , VA XXXX people to include the XXXX and XXXX  XXXX XXXX ; XXXX XXXX XXXX 
-XX/XX/XXXX-XX/XX/XXXX : XXXX XXXX XXXX and owner ; XXXX XXXX is advised by XXXX XXXX XXXX submit a XXXX XXXX XXXX this was presented to the XXXX XXXX ( Exception Payments ) as a missing endorsement claim # XXXX XXXX XXXXo XXXX XXXX XXXX XXXXXX/XX/XXXX XXXX XXXX states to Bank of America : We have completed our research of your claim about check # XXXX for {$9400.00} payable to XXXX XXXX XXXX For the following reasons [ sic ] we are not able to reimburse you : As there is a handwritten endorsement on the item, we require an affidavit signed by the payees authorized representative with their title clearly listed. The affidavit you provided signed by the maker ; the maker can not claim forged endorsement. The unsigned letter has an enclosure copy of the check with an illegible, ( forged ) wet-signed endorsement. 
XX/XX/XXXXthrough XX/XX/XXXX multiple visits and discussions ; phone calls etc. 
XXXXXX/XX/XXXX ; XXXX XXXX finally receives a written response from Bank of America XXXX datedXX/XX/XXXX, Claim Number : XXXX stating : We have completed our research of the fraud claim you recently reported to Bank of America. As a result of our research, we have determined that we are unable to honor the claim for the following reason : As there is a hand -written [ sic ] endorsement on the item. We require an affidavit signed by the payee XXXX XXXX authorized representative with their title clearly listed and notarized. This letter again unsigned is over the Sincerely, XXXX XXXX XXXX department. 
XX/XX/XXXXthrough XX/XX/XXXX XXXX XXXX staff pursued the necessary notarized affidavit required by the Bank of America XXXX dated XX/XX/XXXX. 
XXXXXX/XX/XXXX an affidavit ( clearly ) signed by XXXX XXXX XXXX ; XXXX XXXX XXXX of XXXX XXXX, notarized by XXXX XXXX ; District of XXXX commissioned Notary Public is procured by XXXX XXXX and presented to Bank of America. ( Bank of America XXXX at XXXX XXXX XXXX XXXX, VA XXXX and Financial Center XXXX ; XXXX XXXX ). 
XX/XX/XXXX XXXX XXXX XXXX a letter from Bank of America ( XXXX XXXX XXXX XXXX Florida , XXXX ) stating : This notice confirms that check number XXXX in the amount of {$9400.00}, made payable to XXXX XXXX XXXX XXXX to ( meaning was withdrawn from ) your above account on XX/XX/XXXX The check was presented to the Bank of America from a XXXX XXXX Bank. We are unable to provide information regarding XXXX XXXX customers. A copy of the check is enclosed for your records XX/XX/XXXX multiple calls to Bank of America and XXXX XXXX lead nowhere. Apparently XXXX XXXX must follow up with XXXX XXXX ; again. 
XX/XX/XXXX multiple discussions and phone calls with XXXX XXXX XXXX XXXX XXXX Bank XXXX XXXX XXXX Main Branch XXXX XXXX XXXX, XXXX VA XXXX. Summarizing discussions ; the check was clearly stolen ; it was presented at a XXXX XXXX ATM in XXXX Georgia but not honored for lack of a company endorsement when it was clearly made out to a company. XXXX XXXX has the check and the money pulled from Bank of America. XXXX XXXX XXXX stated that if the XXXX XXXX Financial XXXX will present in person at the XXXX XXXX XXXX branch with proper identification, the money will be released to them ( XXXX, XXXX ). 
Multiple discussions with XXXX, XXXX staff and the financial XXXX go nowhere ; their business is in the multi-million-dollars and their relationship is with XXXX XXXX. They will not present themselves to collect a check. 
~XX/XX/XXXX-XX/XX/XXXX discussions with XXXX XXXX XXXX XXXX nowhere ; they refer XXXX  XXXX back to Bank of America and offer ( useless ) customer service number : XXXX. 
XXXXXX/XX/XXXXto XX/XX/XXXXpresent multiple calls to the Bank of America customer service numbers : XXXX, XXXX, fraud and claim number : XXXX None of the employees can identify a person or an email or fax to which a concern can be expressed. None can identify the names of their respective managers, transfers between departments is a long wait on hold ; often dropping. A particularly egregious yet, emblematic referral was to the corporate security with a phone menu- 1 for emergency or if a crime is being committed now ; 2 for employees and XXXX for customers, pressing 3 the recording states ; security has no access to customer accounts ; goodbye and hangs up. 
XX/XX/XXXX Navigating the impossible phone menu again getting XXXX in Texas who can only reveal that there is a renewed investigation : Claim Number : XXXX the same the XX/XX/XXXX entry claim number XXXX.

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