Consumer complaint received 2025-07-12 00:00:00
Product: Checking or savings account — Other banking product or service
Issue: Managing an account — Problem accessing account
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA

Complaint narrative:
LEGAL REBUTTAL AND DEMAND FOR FULL ACCOUNTING Due to CFPB portal limitations, I am unable to attach the official Certificate of Qualification issued by the XXXX XXXX XXXX XXXX. If a mailing address or secure email is provided, I will submit the court-stamped document directly via fax. However, all legal references herein are verifiable under XXXX XXXX XXXX. XXXX. To : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, NJ XXXX CC : Consumer Financial Protection Bureau ( CFPB ) RE : CFPB Case XXXX / XXXX XXXX XXXX XXXX XXXXXXXX Date XXXX XX/XX/XXXX I, XXXX : XXXX, XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX  XXXX, write this rebuttal in response to XXXX XXXX XX/XX/XXXX letter regarding the XXXXXXXX XXXX XXXX XXXX XXXX  Plan account of my late mother. First, your claim that a notarized Letter of Administration or Authority dated within the last twelve months is required is factually and legally incorrect. Under Virginia law ( Code 64.2-504, 64.2-607, and 64.2-2011 ), the Certificate of Qualification issued by XXXX XXXX XXXX XXXX on XX/XX/XXXX XXXX valid and enforceable until the estate is closed by court order. There is no statutory or procedural requirement for re-certification every 12 months. Second, your assertion that " transactions occurred prior to her passing '' does not exempt XXXX from its obligation to provide the Executor with a full accounting and all transaction history related to the decedent 's estate. As court-appointed Executor, I am entitled to : A complete accounting of all XXXXXXXX XXXX XXXX XXXX  transactions, statements, and disbursements under XXXX XXXX XXXX XXXX XXXX All documents related to beneficiary designation, verification, and internal communication. Full transaction history going back at least 7 years, or to the account 's origination date. Executor authority is not retroactive ; it begins upon death and empowers the fiduciary to investigate any pre-death financial mismanagement or fraud. The estate retains the right to challenge disbursements, particularly when there is suspicion of impropriety, forgery, or negligence. Finally, I have already submitted notarized Executor documents and IRS Form 56 confirming fiduciary status. Your continued delay now constitutes obstruction of probate duties and potential fraud by concealment. If full compliance is not met within 10 days, I will escalate to : The SEC and FINRA for investigation into your handling of plan assets The Treasury Inspector General and IRS Estate Division Formal legal proceedings for obstruction and financial misconduct Attached is the court-sealed Certificate of Qualification proving my unrevoked Executor status. You are directed to produce all requested documentation and records immediately. Let this serve as formal notice that your refusal to honor a court-appointed fiduciary and to produce estate-linked records under color of policy constitutes willful concealment, breach of fiduciary duty, and bad-faith obstruction in violation of 12 U.S.C. 5536 and 15 U.S.C. 1692e. If this matter is not fully resolved within ten ( 10 ) days, I will initiate the following without further notice : A Notice of Claim and Affidavit of Harm establishing a private record for commercial lien proceedings under UCC Articles 3, 8, and 9. Submission of this matter to the Treasury Inspector General and IRS EO Class as a potential mishandling of estate-level securities or concealed investment instruments. A Petition for a Quiet Title and Restitution through state or federal court based on suppression of estate assets. You are now placed on notice of personal liability for any continued obstruction or fraudulent concealment of trust or estate-linked financial records. I reserve all rights, including the right to initiate lawful administrative remedy, judicial claim, and commercial lien enforcement up to three times the value of the misappropriated estate. You are reminded that under XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ), the U.S. Supreme Court reaffirmed that federal courts may exercise jurisdiction in cases of estate-related fraud, especially when financial institutions act outside of probate authority or conceal estate assets. Any willful interference with my fiduciary duties as Executor including document suppression, misrepresentation of beneficiary rights, or failure to account for retirement holdings constitutes a breach of fiduciary trust and constructive fraud, actionable under both federal and Virginia Further, XXXX XXXX has previously faced penalties for improper withholding and failure to disclose account information to rightful estate representatives ( see : In the Matter of XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX, SEC XXXX XXXX. XXXX XXXX. XXXX, XXXX ). Your institution is now on notice that this pattern of behavior may constitute repeat offender conduct, opening the door to enhanced penalties and FINRA investigation. Under Virginia Code 64.2-1215 and related federal statutes, any person or institution knowingly withholding, misapplying, or concealing estate property or records from a court-appointed fiduciary is liable for full restitution, court costs, and damages, and may be subject to criminal referral for fraud and obstruction. Your refusal to produce account statements or beneficiary forms upon valid executor demand now meets this threshold. You are hereby placed on final legal notice. I will pursue full legal recourse against XXXX XXXX, its internal counsel, and any participating agents, should this obstruction and concealment persist. This includes, but is not limited to, direct complaints with the Office of the Comptroller of the Currency, FINRA, CFPB, and state and federal court proceedings for financial damages, fraud, and breach of trust. I recommend your immediate compliance to avoid further escalation. Sincerely, /s/ XXXX : XXXX , ( also appearing in court records as XXXX XXXX XXXX ) XXXX XXXX Executor of the Estate of XXXX XXXX XXXX All Rights Reserved , Without Prejudice, UCC 1-308, Without Recourse

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