Consumer complaint received 2016-06-22
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Bank account or service
Sub-product: Checking account
Issue: Account opening, closing, or management

Complaint:
To whom this may concern, I am in a bit of a unique situation that has severely limited my access to financial services and I am writing this complaint in hopes that a solution can be reached. 

By way of background, here is the problem : I am currently located in XXXX but receive physical checks from my freelancing work. These physical checks are delivered to my US address, XXXX XXXX XXXX, XXXX XXXX, California, XXXX because international mail is both expensive and inconsistent. While I previously had these checks sent to directly to my US bank account, my bank decided, for unknown reasons to close my bank account. As a result, I have been unable to cash about 6 months worth of checks and have been having significant financial troubles. While I could resolve this situation by traveling back to the US and opening up another bank account I am prohibited from doing so because of the associated cost. Despite having over one thousand dollars in soon-to-be stale checks in the US, I am unable to access any of the monies from those checks. 

I am writing this complaint in hopes that Bank Of America will provide me with a detailed response on how I can get those checks cashed and gain access to the monies. Thus far I have tried : 1. ) Giving my mother, who is receiving the checks at my former US address, a Durable Power Of Attorney. The bank refused to honor this Power Of Attorney despite it being fully signed and executed. The bank states that I must have the Power Of Attorney notarized, however, XXXX is not a signatory to the XXXX and thus is not allowed to do international notarization. At the same time, the US Consulate provides notarization services but traveling to and from the US Consulate and paying the notarization fee is beyond my financial means. 
2. ) Other means such as sending the checks to XXXX, signing the checks, then sending them back to the US and then having my mother deposit the now endorsed check. It works but because of the shipping times involved, some of the checks become stale dated and expired, thus limiting my ability to gain access to my funds. On top of this, the additional shipping costs are unreasonable for small dollar checks. 

In review of the California Statutes regarding notarization as listed here : XXXX I would like to inquire if the bank with allow a signed power of attorney with XXXX witness signatures, in accord with Section 4122. Please promptly advise and I will have a Power Of Attorney signed with XXXX signatures made available to the bank for review. 

Finally, in review of the CFPB guidance regarding POAs and similar options listed here : XXXX and XXXX, I would like the bank to explain if there is any other method, option, or service that could allow me, or a family member acting on my behalf to cash the checks. 

You may call me at XXXX XXXX XXXX XXXX or contact me directly at XXXXXXXXXXXX Sincerely Yours , XXXX XXXX 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