Consumer complaint received 2024-04-22
Product: Checking or savings account — Checking account
Issue: Problem with a lender or other company charging your account — Transaction was not authorized
Company: TD BANK US HOLDING COMPANY (CA)

The Estate of [ omitted ] [ omitted ], Executor [ omitted ] [ omitted ], California [ omitted ] [ omitted XXXX XXXX [ omitted ] XX/XX/XXXX via US mail XXXX XXXX XXXX Customer Service Representative TD Bank XXXX XXXX XXXX XXXX XXXX XXXX New Jersey XXXX XXXX XXXX XXXX Retail Banker TD Bank Route XXXX and XXXX XXXX XXXX XXXX New Jersey XXXX Re : Fraud Claim/Account # [ omitted ] ]/ [ omitted ] ( deceased ) Dear XXXX and XXXX XXXX You have both attempted to assist me in connection with my role as executor for the Estate of [ omitted ] ( herein, the Estate ). I am writing to both of you because TD Banks Fraud Department has refused to give me their mailing address in order to direct this letter and demand directly to them for handling. So, the matter outlined below is now for you both to address and resolve.

This letter states a claim for, and demands, the return of funds to the Estate that TD Bank allowed to be removed from the above-referenced decedents account ( herein, the Account ) as set out below. 
A. Outline of Fraudulent Withdrawals XXXX amounts listed as paid to XXXX  XXXX, totaling {$6700.00} ( see enclosed spreadsheet ) Having gone through all of her papers, accounts, wallet, and mail, I can find no record of my mother having any account with XXXX  XXXX ( no statements, physical credit cards, etc ). Furthermore, having reviewed her full XXXX credit report, there is no record of her having any account with XXXX XXXX. Finally, reviewing all the mail accumulated since her death, there are actually solicitations from XXXX XXXX, indicating that they wished to have her as a new customer, indicating that she is not one at present. These withdrawals clearly represent fraudulent transactions from an elderly customers account, and need to be reversed. 
XXXX XXXX, XXXX XXXX, TD BankXXXX XXXX, XXXXpage two XXXX amounts listed as paid to XXXX VISA, totaling {$1100.00} ( see enclosed spreadsheet ) Having gone through all of her papers, accounts, wallet, and mail, I can find no record of my mother having any account with XXXX XXXX  ( no statements, physical credit cards, etc ). Furthermore, having reviewed her full XXXX credit report, there is no record of her having any account with XXXX XXXX. These withdrawals clearly represent fraudulent transactions from an elderly customers account, and need to be reversed. 
XXXX amounts listed as paid to XXXX, totaling {$700.00} ( see enclosed spreadsheet ) Having gone through all of her papers, accounts, wallet, and mail, I can find no record of my mother having any account with XXXX ( no statements, physical credit cards, etc ). Furthermore, having reviewed her full XXXX credit report, there is no record of her having any account with XXXX. These withdrawals clearly represent fraudulent transactions from an elderly customers account, and need to be reversed. 
XXXX amounts listed as paid to XXXX  XXXX after XX/XX/XXXX, totaling {$30000.00} ( see enclosed spreadsheet ) As evidenced on her XXXX credit report, my mother had two prior accounts with XXXX  XXXX, the first closed on XX/XX/XXXX, the second closed on XX/XX/XXXX, both with a XXXX balance. Payments labeled as to XXXX XXXX after XX/XX/XXXX clearly represent fraudulent transactions from an elderly customers account, and need to be reversed. 
XXXX amounts listed as paid to XXXX XXXX {$5000.00} ( see enclosed spreadsheet ) My mother never conducted any business with XXXX XXXX She owned one automobile, to which she held full title, purchased new from a manufacturers dealership in back in XXXX, and neither bought nor sold any vehicles from or to XXXX at any time. Payments labeled as to XXXX clearly represent fraudulent transactions from an elderly customers account, and need to be reversed. 
In sum, demand is hereby made that, within forty-five ( 45 ) calendar days of the date of this letter, ie, by XX/XX/XXXX, TD Bank remit to the Estate by check delivered to the above-referenced address and made payable to The Estate of [ omitted ] the amount of {$49000.00}, which represents the total of the amounts fraudulently accessed from the Account, ie {$43000.00}, plus the overdraft fee of {$35.00}. 
B. Further Context and Factual Background On XX/XX/XXXX, right after my mothers death on XX/XX/XXXX, with the express intent of preventing any fraud based on her death, I called TD Bank to ascertain the Account balance, advise the bank of her death and to put a hold on the Account. The banks automated system indicated that the balance in the Account at that time was approximately {$16000.00}. In my meeting on XX/XX/XXXX, XXXX informed me that the Account is now overdrawn. 
The death certificate was delivered in person to XXXX  on XX/XX/XXXX, and both the death certificate and the XXXX XXXX, New Jersey XXXX XXXX short-form were presented in person to XXXX on XX/XX/XXXX. 
XXXX XXXX, XXXX XXXX, TD Bank/XXXX  XXXX, XXXXpage three As you can see from my address above, I reside nowhere near a TD Bank branch. That said, I did present myself in person on XX/XX/XXXX with not only an original death certificate, my photo ID, but also the original of my mothers will, in other words, before I delivered it to the XXXX XXXX XXXX XXXX. 
I could not provide the short-certificate on XX/XX/XXXX, when I was in New Jersey for my mothers funeral, because the XXXX XXXX XXXX XXXX would not issue it in person on that day, being closed for election day. I could only stay in New Jersey one more day, for the funeral, before having to return home to my work responsibilities here. You should be aware that even the Surrogates Court itself allowed the will to be probated by mail, and did not require me to present myself in person in order to do so. So, TD Banks rules are more onerous than they need to be, and, in this instance, facilitated continued fraud. 
Despite repeated requests simply to put a hold on the Account until I could return to New Jersey in person with the Short-Certificate, ie, I was not requesting to access any of the funds in the Account, TD Bank repeatedly refused to take any action to prevent this fraud, stating that I would not be permitted to provide the certified original of the short-certificate by mail.

Once I had the chance to go through all of my mothers financial records, I specifically noticed the unusual and numerous withdrawals to XXXX  XXXX and XXXX XXXX  and again requested by phone that a hold on the Account be instituted, only to be refused. 
Frankly, the amount of fraud outlined herein, which TD Bank that allowed to be perpetrated on my mother without flagging or freezing the Account, not to mention ignoring my repeated attempts to freeze the Account to prevent loss after her death, is both breathtaking and appalling, and calls into question why TD Bank maintains a fraud department at all. 
I can be reached at the address and phone above if you have any questions. The foregoing is not a complete statement of the facts of this matter, and all of the Estates rights and remedies are hereby expressly reserved. 
Sincerely, [ omitted ] Executor, The Estate of [ omitted ] ccs ( with enclosures ) : XXXX XXXXXXXX XXXX, TD Bank ( via XXXX mail to : XXXX XXXX XXXX XXXXXXXX, XXXX XXXX, NJ XXXX ) TD Bank Operations Center ( via US mail to : XXXX XXXX XXXX, XXXX, XXXX XXXX ) XXXX XXXX, Acting Director , New Jersey Division of Consumer Affairs ( via US mail to : XXXX XXXX XXXX, XXXX XXXX New Jersey XXXX ) XXXX XXXX XXXX, XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX as counsel to The Estate ( via email ) XXXX The Estate of [ omitted ] [ omitted ], Executor [ omitted ] [ omitted ], California [ omitted ] [ omitted XXXX XXXX [ omitted ] XX/XX/XXXX via XXXX XXXX XXXX XXXX Store XXXX XXXX XXXX XXXX XXXX Financial XXXX Representative TD Bank XXXX XXXX XXXX XXXX XXXX XXXX New Jersey XXXX Re : Fraud Claims/Account # [ omitted ]/ [ omitted ] ( deceased ) Dear XXXX, XXXX XXXX Pursuant to my live telephone fraud claims submission on Monday XX/XX/XXXX in connection with the now-closed, above-referenced account, on behalf of The Estate of [ omitted ] ( the Estate ), enclosed are 43 signed and notarized claim forms for the banking fraud claims listed therein and summarized on the enclosed spreadsheet. Per the instructions set out in each sheet, all claim forms, along with their associated notarization sheets, have been faxed to the number shown on the form ( ( XXXX ) XXXX ), and I enclose a copy of the fax confirmation sheet. 
Also enclosed herewith are the following, which were also included ( along with a copy of this letter ) with the fax to the number above : original death certificate original XXXX XXXX, NJ XXXX XXXX short certificate copies of identification for me ( California drivers license ) A note for TD Banks Office of General Counsel ( XXXX  ) : the forms call for Customer Signature, and all were completed by XXXX ( without his request for my input or direction ) showing Customer as [ omitted ]. Because XXXX demanded that my signature on each form be notarized, and because as you know [ omitted ] is deceased, as a legal matter, the only correct manner in which I could sign each form was [ omitted ] executor of the Estate of [ omitted ] because, as you know, a notary can only witness the signature of the individual executing in their presence. 
Beginning with the most important note first : TD Bank is hereby expressly directed to remit the full amount of the fraud claim, {$42000.00} ( Claim Amount ), solely to the estate account ( Estate Account ) below : owner : The Estate of [ omitted ] institution : XXXX XXXX XXXXXXXX. 
address : XXXX XXXX XXXX, XXXX XXXX XXXX, CA XXXX account : [ omitted ] routing : [ omitted ] TD BankXXXX XXXX, XXXX/page two and not to any account at TD Bank, including , without limitation the above-referenced account. The reasons for this requirement are two-fold : The above-referenced TD Bank account XXXX which TD Bank unilaterally closed earlier this year, is clearly insecure, having had its security breached on 43 separate occasions. So, any funds deposited therein are of course subject to the same malicious actors whom XXXX Bank allowed to drain its funds. Moreover, inasmuch as the Claim Amount constitutes assets of the Estate, my legal obligations as executor of the Estate require me to account to other legatees solely via the Estate Account. 
Secondly, you will note that the Claim Amount incorporates {$390.00} in notary costs. Notwithstanding that I told you, XXXX, during our phone conversation on XX/XX/XXXX that my banking relationships are with XXXX only, you inexplicably directed me in your email to me of the same date to XXXX XXXX, which, you must know, will not perform free notarization services for non-customers. Having spent the better part of two days visiting three XXXX branches, I was finally informed that XXXX, for its part, will only perform free notary services for XXXX customers in connection with XXXX documents. So, I needed to engage the services of an independent notary, who kindly negotiated a bulk notarization rate of {$390.00}, quite a discount from the {$640.00} she could have charged me for 43 signatures at the $ XXXXsignature rate that California allows XXXX 
Thirdly, because the bank requires the form to be faxed, I have also included the {$9.00} I had to pay to add faxing capabilities to my XXXX account, to allow for approximately 95 pages to be faxed, which is, again, a big savings from the approximately {$140.00} XXXX would have charged me to do so. I fully expected to have to send these claims and supporting documents FedEx ( or another secure overnight service ), and clearly have done so. Thus, overnight delivery costs are not included in the Claim Amount. 
XXXX, your demand that each and every signature be notarized is punitive, absurd, and contra to the spirit if not the letter of applicable provisions of the Consumer Financial Protection Act and rules and regulations promulgated thereunder. I presented to you both a number of alternatives to the more than five hours spent in three XXXX branches and then back and forth to the notary as well as sitting for an hour signing 43 claim forms in her presence : I offered to sign the documents live via XXXX  showing my photo ID along on screen along with my face ( of course ), or notarizing one cover sheet for all claim forms. These were flatly rejected by you for no good reason. 
Whats more, I have already presented myself in person on two separate occasions to TD Bank branches, each time bearing photo identification and original estate documents : ( i ) On XX/XX/XXXX, I showed XXXX Bank employee XXXX XXXX my California drivers license in addition to my US passport as well as my mothers original will ( we were on our way to the XXXX XXXX XXXX XXXX to file the will in person ) and an original death certificate ; and ( ii ) On XX/XX/XXXX I showed TD Bank employee XXXX XXXX my California drivers license ( again ), the original XXXX XXXX XXXX court short certificate, and an original death certificate ( again ). 
In addition, as noted above, the form provides no space for notarization, so clearly this is not a customary requirement for someone formally demanding that XXXX Bank fix its own errors and address its own negligence. 
For all these reasons, reimbursement of notarization and fax costs is appropriate and required of TD Bank. 
TD Bank/XXXXXXXX XXXX XXXXpage three XXXX, XXXX, I have been doing everything possible to protect the Estates assets from fraud since my mother passed away, and have been asking for TD Banks assistance in that effort, as regards my mothers account there, since Monday XX/XX/XXXX, which is when I first called TD Bank to ask that a mere hold be placed on her account. This was the first of many reasonable requests that the bank has refused, which has now directly caused losses to the Estate aggregating the Claim Amount. As executor, Ive interacted with XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, and local tax authorities. None of these entities has come anywhere close to treating me with the dismissive and unhelpful attitudes Ive encountered from TD Bank, while, mind you, neither have caused a XXXX of monetary loss to the Estate.

Its time to wrap this up. Your General Counsels office can advise you of the banks deadlines for doing so pursuant to applicable law. 
As before, the foregoing is not a complete statement of the facts of this matter, and all of the Estates rights and remedies are hereby expressly reserved. 
Sincerely, [ omitted ] Executor, The Estate of [ omitted ] cc : XXXX XXXX, XXXX, TD Bank ( via US mail to : XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX, NJ XXXX ) ( w/o enclosures ) TD Bank Operations Center ( via US mail to : XXXX XXXX XXXX, XXXX, ME XXXX XXXX ( w/all enclosures ) XXXX XXXX, Acting Director, New Jersey Division of Consumer Affairs ( via US mail to : XXXX XXXX XXXX, XXXX, New Jersey XXXX XXXX XXXX w/o enclosures ) XXXX XXXX XXXX, XXXX, XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX. as counsel to The Estate ( via email ) ( w/o enclosures ) TD Bank Office of the General Counsel ( via US mail to : XXXXXXXX XXXX XXXX XXXX  XXXX XXXX XXXX NJ XXXX ) ( w/o enclosures ) Consumer Financial Protection Bureau ( via US mail to XXXX XXXX XXXX XXXX, Washington, DC XXXX ) ( w/all enclosures )