I had Allstate homeowners insurance on my home on which BOA holds the mortgage. I was on vacation for 4 weeks during April/May 2010. When I returned home I had a letter waiting for me from Allstate stating my homeowners insurance had been cancled due to returned mail to them. This led to Allstate thinking no one was living in my home, or so they would have me believe. I subsqently faxed them utility bills that clearly showed that I was indeed living at the residence.

I received no further correspondence from Allstate, and I assumed the matter was settled until my insurance payment checks started being returned to me, stating my insurance was canceled. I was not able to figure out what was happening until late July 7, 2010. Allstate refused to reinstate my insurance as more than 30 days had passed since the initial problem. I then obtained homeowners insurance from USAA, my husbands bank.

I then looked at my on-line banking which provides mortgate information as well, but had never felt the need to use this function. I showed that Bank of America had charged me $2776.00 for morgage insurance.

I went in person to my local Bank of America branch about 3 miles from my home, I spoke to Banking Center Manager a Mr. Hilton Snowden. I showed Mr Snowdon what had happened and he told me there was nothing to worry about and that I would not be charged.

I was so angry at Allstate, that I called them again to go through what led to this fiasco step by step. First they claimed they could not reach me, and learned they were using a cell phone number that was over 3 years old. This does not speak well of Allstate either.

I then learned from Ashley, my old representative at Allstate that they had been told by BOA to cancel my insurance that I was not living there, and BOA had returned mail from me. I find this particularly deceitful, as I have had no contact with BOA since going paperless in 2006, since starting on-line banking.


Now 3 months later I find BOA has increased my payment to pay for the insurance they told me had been canceled. They are calling it an escrow account, but it is actually the same amout of money that would be charged if payent was late, which it never is, as BOA receives automatic transfer payments from USAA, my husbands bank, on the first of every month. I deposit my pension check into USAA, and use other income at BOA for online banking as I have been with them since 1998.


Now I have two concerns, why am I being charged the equivalent of a late payment, identified online as escrow payment. I do not have an escrow account, as I put over $100, 000.00 down on the home when built in 2005.

I will be visiting Bank of America later today. if I do not receive anything in writing and to my satisfaction, I willl be closing my account after 12 years. If my concerns are not addressed and fixed immediately!!!

I only hope there others out there as outraged as I am, as it is my intent to file a class action lawsuit ASAP aganinst BOA.

When I tried to usd my visa/ATM card in Delhi, India, I could not use it. The marchant told me that it would not go through. I was extremely embarrassed, inconvinienced, and worried what was happening to my card. Needless to say, I couldn't purchase what I wanted to purchase and went back to the hotel immediately to call Bank of America. I called from my room directly. I wanted them to reimburse me the phone calls I made which was about $77.
Not to mention the frustration of trying to get through to a manager. They refused to pay for it. I told them that I travel all the time with my job, and she told me "well, did you call us to tell us that you will be in Delh?" This is not protection for the customers, it's protection for them.
I have the receipt from the hotel that shows BofA phone number. I'm closing my account asap.

Mortgage increases with their so called cushion. They raised my mortgage $45.00 for a $60.00 escrow shortage. they call it cushion. They add the $60.00 shortage plus hike up $45.00 more for cushion. Bull crap BOA hard times are here and you do nothing to help it. this is not the first time this has happened. this is the 3rd time in one year. a total of $85.00 for cushion. and when you ask to waive for hardship they claim to remove but guess what STILL THERE HELLO. Stay away from BOA they are SCAMMERS.

To: Office of the Comptroller of the Currency (OCC) Date: 10-11-10
Customer Assistance Group
1301 McKinny Street, Suite 3450
Huston, TX 77010
Fax No. 1-713-336-4301

From: Stephen J. Guidetti

Complaint Against
Bank of America
622 Fairview Road
Simpsonville, South Carolina 29681
cc:
Frank Bentley
Banking Center Manager
Tel: 864-962-4005
Fax 864-962-4017
Cust. Svc. 800-432-1000
[email protected]

To the Office of the Comptroller of the Currency,

I would like to report Bank of America for refusing to allow me to enforce an Instrument (cash a check) drawn on their Bank without giving them a right thumb print even after I submitted a State Picture I.D., a Social Security card and a Birth Certificate. Uniform Commercial Code § 3-411 and § 3-501 specifically states the Reasons for Refusal to Pay/Enforce an Instrument and not giving a RIGHT TUMB PRINT is not among these reasons. Bank of America is violating Public Policy.

The incident:
I went to the Drive up window to Enforce an Instrument (Cash a Check) drawn on the Bank of America. I was told at the Drive up window that; “The Drive up window was for Bank of America Customers only and that I would have to come inside the bank and be Identified.” I went into the bank with a State Identification Card, A social Security Card and a Birth Certificate and was told I would have to be “Right Thumb Printed, when I refused to be Thumb Printed Frank Bentley the Bank Center Manager Refused to allow me to Enforce the Instrument.

Question:
With Three forms of Identification did Bank of America have Reasonable Doubt whether or not I was the person Entitled to
Enforce the Instrument. If I was given an Instrument (Check) Drawn on Bank of America does that then make me Bank of America Customer; whether or not I have a Bank of America Account? Is there any Doubt now whether or not I am the person Entitled to Enforce the Instrument?

I believe that with the all the Identification I had presented to the Bank that there was no reasonable doubt that I was the person
Entitled to enforce the instrument and that is the extent of my responsibility. Banks can not set Bank Policy outside the Law.

I have been damaged by Bank of America with Frank Bentley; Banking Center Managers Refusal to Pay an instrument that I was Lawfully entitled to enforce, in that Frank Bentley Banking Center Manager and agent of Bank of America has Dishonored my Instrument.
Since Bank of America is a Federally Regulated Bank this may be a case for Federal Court.

Solution:
Tell Bank of America and all other Banks to Stop Requiring a Right Thumb print to Enforce an Instrument it is Ignorant and unreasonable means of Identification, we need to stop this now before the Banks start requiring Blood samples to Enforce an Instrument; I say NO; We need to Stop this Now, no one else requires a Right Thumb Print form of Identification and it is not Required by LAW, like when you Pay by Check or Credit Card any where else.

__________________________________________
Signed Stephen John Guidetti
UNIFORM COMMERCIAL CODE
§ 3-411. REFUSAL TO PAY CASHIER'S CHECKS, TELLER'S CHECKS,
AND CERTIFIED CHECKS.
(a) In this section, "obligated bank" means the acceptor of a certified check or the issuer of a cashier's check or teller's check bought from the issuer.
(b) If the obligated bank wrongfully (i) refuses to pay a cashier's check or certified check, (ii) stops payment of a teller's check, or (iii) refuses to pay a dishonored teller's check, the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages.
(c) Expenses or consequential damages under subsection (b) are not recoverable if the refusal of the obligated bank to pay occurs because (i) the bank suspends payments, (ii) the obligated bank asserts a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument, (iii) the obligated bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument, or (iv) payment is prohibited by law.

§ 3-501. PRESENTMENT.
(a) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument (i) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or (ii) to accept a draft made to the drawee.
(b) The following rules are subject to Article 4, agreement of the parties, and clearing-house rules and the like:
(1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors.
(2) Upon demand of the person to whom presentment is made, the person making presentment must (i) exhibit the instrument, (ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.

UNIFORM COMMERCIAL CODE
(3) Without dishonoring the instrument, the party to whom presentment is made may (i) return the instrument for lack of a necessary indorsement, or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.
(4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cut-off hour not earlier than 2 p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cut-off hour.
Federal Law
Title 31: Money and Finance: Treasury
PART 500—FOREIGN ASSETS CONTROL REGULATIONS
Subpart C—General Definitions
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§ 500.314 Banking institution.
The term banking institution shall include any person engaged primarily or incidentally in the business of banking, of granting or transferring credits, or of purchasing or selling foreign exchange or procuring purchasers and sellers thereof, as principal or agent, or any person holding credits for others as a direct or incidental part of his business, or any broker; and, each principal, agent, home office, branch or correspondent of any person so engaged shall be regarded as a separate “banking institution.”

Bank of America attempted twice to take $9, 680 out of my checking account (I am not with this bank and haven't been since 1998 or 1999) I've called several times to the bank to try to resolve this matter with no resolution . I want to know first of all why was this bank trying to take thousands of dollars from my account . I need some answers, because I don't want this to ever happen again, either to me or anyone else .