[WSBAPT] Bank Behaving Badly - B of A

Mon Apr 27 10:47:20 PDT 2015

People, People, People.  I have following this and no one has mentioned the most important thing about BOA.  This huge huge bank has the crappiest lollipops and my dog takes the biscuits they give him and drops them on the floor and spits on them.  If they cannot get treats right for a dog, how the hell are they going to get anything right for business?  

From: Barb Headley 
Sent: Monday, April 27, 2015 10:01 AM
To: 'WSBA Probate & Trust Listserv' 
Subject: Re: [WSBAPT] Bank Behaving Badly - B of A

This is what I meant to send…altho the prior one is illustrative too.

Barbara Headley

Tel: 253 640 1980

Fax: 253 295 5002

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Doug Schafer
Sent: Monday, April 27, 2015 9:46 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Bank Behaving Badly - B of A

Because BoA (a national bank) is not chartered by Washington State, but is chartered by the Federal Government, its regulatory agency is the U.S. Comptroller of the Currency. Its consumer complaints website is:
http://www.occ.gov/topics/dispute-resolution/consumer-complaints/index-consumer-complaints.html

Washington's Department of Financial Institutions only regulates state-chartered banks and credit unions. 

A national bank's corporate name (not its assumed trade name, like SeaFirst) must include either "national bank" or "N.A." 

Doug Schafer, in Tacoma.

On 4/27/2015 8:22 AM, Anne Marie Liebhaber wrote:

  File a complaint (BoA infamous for number of consumer complaints) or contact DFI for guidance with particular situation with an institution. All of us should hold these banks accountable. 

  http://www.dfi.wa.gov/consumers/file-complaint

  ANNE MARIE LIEBHABER

  Attorney at Law

  Olympia WA

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  From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Patrick J. Galloway
  Sent: Monday, April 27, 2015 5:08 AM
  To: 'WSBA Probate & Trust Listserv'
  Subject: Re: [WSBAPT] Bank Behaving Badly - B of A

  Large institutions are often difficult. The local branch has nobody with the authority or knowledge to handle these issues. BOA has caused my clients much grief. I try and prepare my clients for this upfront by explaining the trouble they will encounter.

  I don't think it is a jaded conspiracy theory to recognize that many financial institutions intentionally delay transfer of funds. I would be surprised to find that the review by 'legal' actually involves an independent confirmation process which arguably should occur before release of substantial funds.

  Not sure what to do about this besides advising my clients not to open estate, business, or investment accounts at these institutions. 

  --- Original Message ---

  From: "James B. Dolan" mailto:jbdolan at jbdolan.com
  Sent: April 26, 2015 2:48 PM
  To: "'WSBA Probate & Trust Listserv'" mailto:wsbapt at lists.wsbarppt.com
  Subject: [WSBAPT] Bank Behaving Badly - B of A

  Colleagues:

  I recently encountered the following situation in two probate matters.

  1.      Client is appointed as Administrator of Deceased’s estate.  Deceased had accounts at two banks (Wells Fargo and Bank of America) and a credit union (BECU).  On March 31, Administrator went to  all three institutions with a Certificate of Death, certified Order Appointing, and certified Letters of Administration.   She attempted to close out the three modest accounts and marshal the funds in order to place them in an estate account.  Wells Fargo and BECU gave her the money and closed the accounts.  Bank of America stated they need a “Letter of Instructions” and then need to “send everything to legal” for review before giving her the funds in Decedent’s account.  Many telephone calls and visits to the bank later, as of last Friday, May 24, she still does not have the money and the account is still open.

  2.      Client is appointed as PR of his deceased brother’s estate.  Brother’s Will intends for all of his assets to be placed into trust for benefit of his minor daughter, of which PR is also trustee.  Decedent had four accounts at financial institutions – two of them are POD to the trust and two of them (Bank of America and Carpenter’s Trust – pension) are POD directly to minor child.  For a number of reasons, we petitioned court to direct the two institutions with accounts POD (Bank of America and Carpenter’s Trust – pension) directly to minor to instead deliver the funds to trustee of the minor trust.  We followed all relevant RCWs, including summons per TEDRA and also specific notice to Bank of America and Carpenter’s Trust per 11.11.050.  Based on dealing with Bank of America in scenario number 1 above, I saw this coming so in my order, the Court specifically directed Bank of America to “immediately and without delay, deliver all assets in [Decedent’s name and account numbers] to PR / Trustee.  Failure to promptly comply with this order shall be considered contempt of court.”  PR went to Bank of America, for the second time, with certified Order Appointing, Letters Testamentary, Certificate of Death, and certified copy of the order we had just entered, and was told by bank manager that “we need to send this to legal, we will get back to you.”

  It appears that B of A has a new policy, that no other banks or credit unions have to my knowledge, that being appointed PR and appearing at the bank with all of the necessary documents is not, in their view, sufficient, so they need to “send it to legal.”  My jaded view is that the bank, by delaying the withdrawal of money from the accounts previously owned by Decedents, gets to continue to use the money to collect interest – although each account in and of itself is probably not worth very much, when you think of the thousands of accounts from thousands of Decedents that are being treated this way, those pennies add up (see the movie Office Space).

  At any rate, the client in scenario number 1 above has waited three weeks, the bank manager in scenario number 2 above is simply blowing off a court order (no doubt because she is simply following the bank directive).

  Before I gulp down a large Starbucks and begin drafting Motion and Order to  Show Cause for Contempt (does that even make sense?) and get an Order Shortening Time and have both managers personally served, I thought I might check in with my more experienced, and perhaps more rational, and certainly more mature, colleagues.  Is this finally a chance to strike back at the empire or am I tilting at windmills?  Any other ideas?

  Jim Dolan

  ===================

  Jones Butler Dolan, PS

  www.jbdolan.com

  www.jonesbutlerdolan.com

  Mount Vernon

  P.O. Box 2784

  720 South Main Street

  Suite 233

  Mount Vernon, WA 98273

  Telephone: 360-336-2939

  Facsimile: 360-336-2949

  Stanwood

  P.O. Box 458

  10027 - 269th Place NW (SR 532)

  Stanwood, WA 98292

  Telephone: 360-629-3833

  Facsimile: 360-629-6253

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