Consumer complaint received 2024-10-31 00:00:00
Product: Money transfer, virtual currency, or money service — Check cashing service
Issue: Problem with customer service — 
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: OH

Complaint narrative:
On XX/XX/XXXX I had a house fire which involved destruction of XXXX % of my home. 

I contacted my insurance company ( XXXX ) immediately ( XX/XX/XXXX ). 

I contacted my main mortgage company, XXXX XXXX, in XXXX. 

I secured a contractor, XXXX XXXX, based in XXXX, XXXX. 

Due to problems with my insurance adjuster, I FINALLY received the insurance check for {$310000.00} to cover damages. 

The check was made out to myself, my main mortgage company ( XXXX ) and my equity line company ( Bank of America ). 

I endorsed the back of the check and had Bank of America endorse the back of the check. I was getting ready to mail the check to XXXX XXXX, but my contractor said that they had a department in their company that can take care of that for me. In early XX/XX/XXXX, I handed the insurance check to my construction foreman, XXXX XXXX. 

NO WHERE on the check was the name of the contractor, XXXX XXXX, nor any of their employees/owner. But they took the check and put their name " XXXX XXXX  '' on the back of the check ( endorsed ) and deposited it into their XXXX XXXX  account THROUGH AN ATM machine. 

XXXX XXXX never endorsed the back of the check and they never received the check. 

I didn't realize that XXXX never received the check. 

I was in contact with the contractor, XXXX XXXX and the owner of the company, XXXX XXXX throughout the end of XXXX and the first several months of XXXX. 

I received an email or phone call from XXXX, the front office girl with XXXX every week or 2 with updates or questions. Then both XXXX and the interior decorator, XXXX went missing. I could not get ahold of either of them. 

This whole time, I had no idea that the check never made it to XXXX. XXXX never reached out to ask about the check. 

Lots of little things " red flags '' occurred over these first few months of XXXX, but nothing that was too fishy by themselves. Then my construction foreman was fired from the company. 

I started to get super concerned when the company only came to my property a total of 4 or 5 visit during the months of XXXX, XXXX and beginning of XX/XX/XXXX. 

I had a dumpster in my driveway for months. Out of the blue, the company ( XXXX, XXXX, I think was the name ), came and took it away. At first, I thought this was maybe good news. If not, I figured it was not good news. 

I spoke with the owner of XXXX XXXX the third week of XX/XX/XXXX. He gave lots of excuses, was super defensive and threatened to drop me as a client if i kept calling him. 

On XX/XX/XXXX, I was near his office/warehouse and decided to stop in for a visit. ( It was a 45-minute drive from my home, so I had only been there one other occasion ). When I arrived, there was a " for lease '' sign in from of the building, a sign in the window had been scraped off and when I peered inside, it was vacant. 

Of course, I could not get ahold of anyone at XXXX. All phone calls went straight to voicemail. 

The next morning, I called the phone number on the " for lease '' sign at the office/warehouse of XXXX and was informed that they had to force XXXX out of the property for non-payment of rent and utilities. 

I also called the dumpster company. ( Thankfully I had taken a picture of the sign on the dumpster a few months before ). I was informed that XXXX never paid for the dumpster and that $ XXXX was due on the account. 

The following week I found 2 invoices for {$19000.00} and {$6800.00} on my door, because XXXX never paid the framing company, XXXX XXXX XXXX. XXXX even threatened to put a lien on my house. Thankfully, they aren't doing that yet. 

After all of this, I finally figured out that XXXX had taken the FULL insurance check, for {$310000.00}. They were supposed to receive 6 separate " draw '' payment amounts, through the course of the restoration of my house, following county inspections to ensure the project was done properly. 

No county inspections were ever done. And I recently discovered that XXXX XXXX  were not even insured past XX/XX/XXXX. 

I've contacted all involved parties and no one will help me. 

My insurance, XXXX, seems to think that they've done all they can do, because they paid out the claim. 

The {$310000.00} insurance check was deposited at XXXX XXXX. XXXX XXXX  has already said that the check should never have been processed, as it was fraudulently endorsed. 

XXXX does THEIR banking with Bank of America. 

XXXX XXXX  says they are willing to help me get the funds reversed/returned, but they NEED Bank of America to file a complaint stating that XXXX XXXX improperly processed the check from XXXX. 

I spoke with XXXX from Bank of America, on XX/XX/XXXX : " Dear XXXX, After further review, we have determined that the Bank of America product at the root of your concerns is the deposit account held by XXXX. Our office handles mortgage and vehicle concerns, not checking/savings/deposit account concerns. 

As such, we are forwarding this matter to our partners within XXXX  XXXX XXXX checking/savings/deposit department XXXX The endorsement by Bank of America home loans was valid and accurate. Therefore, my team is unable to assist further. 

In general, when this type of issue arises, it is typical for the insurance carrier to contact the maker of the check and advise the check was cashed without proper endorsement. In this case, XXXX would then notify Bank of America checking/savings/deposit that the insurance check was missing an endorsement. 

I will allow our partners in the appropriate department within Bank of America checking/savings/deposits to review this matter and address the concerns. Because the deposit account the funds were drawn from is not in your name, but in the name of XXXX, our checking/savings/deposits team will most likely need to communicate directly with XXXX, rather than with you or your attorney. 

Thank you for contacting Bank of America and providing the details needed to get this addressed for you. I hope this information helps. 

Sincerely, XXXX XXXX XXXX XXXX  XXXX, Resolution Specialist Executive Escalations for Mortgage & Vehicle Servicing Bank of America XXXX XXXX a.m. to XXXX p.m. Central Time Tel XXXX, extension XXXX Fax XXXX '' So, I thought I would hear back quickly, but it's been over a month and I have not heard anything from Bank of America. I thought Bank of America would be talking to XXXX to help get this matter resolved. 

We asked XXXX, on XX/XX/XXXX the following : " XXXX, Please confirm that you have reached out to your client, XXXX, about this matter. XXXX XXXX  is waiting to hear from Bank of America regarding the turning over of funds. We can not delay any longer as my client, XXXX XXXX, is damaged daily by the withholding of these funds from her. '' No response. 

I understand that XXXX is not the correct department, but now it's time for the correct department to help me out. ALL THAT I NEED IS FOR BANK OF AMERICA TO TELL XXXX XXXX  THAT THE INSURANCE CHECK FROM XXXX WAS INPROPERLY ENDORSED.

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