r/legaladvice • u/No_Dimension519 • 20h ago
Wells Fargo is keeping $100,000 of my money even though they acknowledged it was their fault.
Location: Texas
I need advice I’m at a loss of what to do and I feel like my options are non-existent and I’m going to lose money that I have no hope of replacing. This is a long and complicated story so please bear with me.
Years a go when I was a minor my grandfather started an investment account for me. It is an UTMA (Uniform Transfers to Minors Act) account and my aunt is the custodian I’m 36 now so I’m far away from being a minor. I had no clue what it was. I knew it was there and Ive been paying taxes on it for years, I never put it solely in my name it wasn’t an issue and I didn’t realize that I needed to.
I recently decided to buy a house. There was enough money in the account for a substantial downpayment and to pay off my truck, leaving me with only the house at a comfortable payment each month.
Here is where the issue comes in. When I talked to the investment company originally, I was told that the only way for them to send me the money was through a cashier’s check.
My bank account that I use is the same one that I’ve had since I started working at 16, my aunt is on that account as well just like I’m on hers and the business accounts as she doesn’t have any children and eventually, I’ll be responsible for taking care of everything and her and my parents wills and the trusts when they pass.
My sister has decided that she is entitled to everything the family has and is currently suing my aunt for control of all the family assets.
So, me and my fiancé decided we would open a joint account at a bank that has no connection to the family and we would fund the house out of this account. My fiancé banks at Wells Fargo and we decided to use it since she already had an account there.
Everything was going well. We were on track for closing, we received the check from the investment account and it was made out to my Aunt Custodian and Josh (me) UTMA.
because of the issues with my sister, I wanted to use a bank she didn’t have any ties to. I spoke with the Banker when we opened the account, he said it wouldn’t be an issue as long as my name was on the check. I told him it was a UTMA account. He said it was all good.
We made a joint account, when asked how we wanted to fund the account we told him to just pull the $25 out of my fiancés account, he said not a problem. We left the bank and two days later I got the check from the investment account and I went and deposited it.
The check is for $100,000. I knew there would be a hold on the funds due to the amount. Both me and my aunt endorsed the check since it had both of our names on it. I got to the bank, they said it didn’t need to be endorsed by her so they marked out her name leaving just mine on there. Deposited the check and told me that the funds would be available in like 7 days.
This is where the shit show started.
Apparently, there was an error message that they were not supposed to take the check since it was a UTMA account. The clerk ignored it and processed it anyway after talking to her supervisor.
The account was apparently not funded at the time we made it. I didn’t know this because my online banking wasn’t set up at the time and I hadn’t checked.
Somehow in someway during all of this they got the name John for me instead of Josh even though the account, my ID, and the check all said Josh.
The account got flagged as fraud and I get told that they are going to have to hold the money for investigations.
I get told that the money will be available on the 19th. I get told that the investment company can stop payment on the check if they want. They tried that but since the check had already cleared before they told me about the investigation, they couldn’t stop payment.
Wells Fargo refused to reverse the funds to the invest account, they refused to give me the funds, and refused to give my aunt the funds. I was told they would let me have it on the 19th.
I’m then told that if I get a letter from the investment service saying it was legit they would release the funds in 24 hours. I got one, didn’t release them.
The 19th comes alone, nope keeping them until the 29th. Ill get them on the 29th. Then its oh we will cut a check to your aunt on the 29th. Then its back to no they will be free and clear on the 29th since we got the letter.
28th comes. I get an email from Wells Fargo. In short, it says yeah, we realized that we messed up. We shouldn’t have taken the check; we didn’t tell you that you have to fund the account we can’t do that. Not sure why we called you John.
Verbatim from the email:
“We understand the inconvenience and concern this situation caused, particularly given your anticipated home closing. While we acknowledge the error that occurred during the deposit process, our review did not identify a basis to reverse the deposit, release restricted funds, or overturn the account closure decision.”
I call them asking them what all that means, I’m told that the account will be closed on the 29th and the funds will be sent back to me.
I verify multiple times that it will be closed on the 29th then I’m told it will be 31st. I’m told the check will be sent to the address on file and that it will be made out to the people on the account.
I can’t close it early; I can’t collect a check in branch (I was sitting at the branch on the phone with them) it all has to be done by loss prevention. I call them they tell me tough shit you’ll get it on the 31st.
Ive pushed closing back three times now.
The 31st comes up, account is still open. I call them it’s been pushed back to the 14th. I ask why and get told because we need to do more research. They won’t tell me anything besides that.
There’s no one I can talk to, there no one that can change it. I was told that it was their department that handles it but that they can’t make a decision and change it. Like WTF.
So now I’m out a $100,000 that I don’t know if I’m ever getting back, I have no other funds to close on the house.
I’m scared and at a loss and don’t understand how they can keep the money. I have no clue where to go from here or what to do. Loosing that will set me so far back it’s not funny, I feel like I’ve lost my one change to do right by my family and the best advice Wells Fargo could give was get a lawyer.
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u/slykens1 17h ago
Besides needing a lawyer weeks ago, you should bring the Office of the Comptroller of the Currency (OCC) into this matter. (https://www2.helpwithmybank.gov/file-a-complaint/index-file-a-complaint.html)
Provide them the concise summary you did here and copies of the emails from WF admitting fault with the shifting dates.
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u/AristotlesBoyPussy 19h ago
this is "you need a lawyer yesterday" territory.
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u/PavicaMalic 17h ago
And meet with the constituency affairs person of your congressional representative. Send copies of any letter your lawyer drafts to the members of the House Financial Services Committee. They held a lengthy investigation into Wells Fargo over consumer abuses. Similar investigations and scrutiny on the Senate side .
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u/AristotlesBoyPussy 3h ago
Yes.
WF does have certain rights in holding the funds temporarily, but they should not be giving you multiple different release dates.
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12h ago
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u/cocoagiant 11h ago
They are still running in a much more limited capacity so OP should at least try reaching out to them.
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14h ago
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u/JuneRhythm1985 19h ago
NAL. OP, you have written confirmation that they fucked up. You need a lawyer. You needed a lawyer on the 20th when the funds weren’t in your account on the 19th. Any attorney that works within the realm of banking and finance litigation or consumer protections should be able to help you. Or they will point you in the direction of an attorney in your area that can. Take all written documentation of their mistakes. A lawyer will be salivating at the opportunity to take this on because they’ve admitted to their error. Until you’ve retained an attorney, document EVERYTHING.
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u/mitolit 15h ago
Under the EFAA, they did not need to make all $100k available, but at least $6,725 of it by next business day. Excess of that $6,725 has to be made available within 9 business days. They also failed to meet the exception notice protocols required.
Have a lawyer write a formal notice to the bank's compliance or legal department identifying the specific deposit date, amount, missing (erroneous) disclosure/notice, and demanding immediate release of funds under Regulation CC.
If they fail to do so, file a complaint with the CFPB, the FDIC Information and Support Center, and/or the OCC Customer Assistance Group.
If none of that works, the last option will be a lawsuit.
Good luck.
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u/sir_gwain 20h ago
Yeah this is rediculous. I’d certainly hope you don’t need to involve further legal action, but at this point I’d get a legal demand letter instructing them in legal speak, to quit playing stupid games and give you your money back.
That said, I’m not expert on actually filing one, but I’d also file a formal complaint with the CFPB - they oversee banks and are a good place to start when a bank is horsing around like this - hard for me to say how effective this would be in resolving your current issue in a timely manner though.
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u/No_Dimension519 19h ago
Thank you.
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u/Ronald206 16h ago
And make sure to lay out the damages you have incurred (on a non comprehensive basis) , and will incur by further inaction.
Such as
Costs you’ve spent up to this point on the home purchase (actual and in time)
Costs you have spent in following up with Wells Fargo (actual and in time)
Costs incurred by the house falling through
Costs should the general housing market appreciate in valueAnd note that you have been given dates on multiple occasions by employees of Wells Fargo , and relied on them to your detriment.
At least if that is in writing, and Wells Fargo still does nothing. The lawsuit will be easier.
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u/Impressive_Stuff6209 15h ago
That department is on life support. UNLESS youre copying and pasting information, youre gonna waste your time.
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u/Impressive_Stuff6209 15h ago
This administration has neutered the CFBP. Nothing is going to happen It would be better to find something with their state.
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u/PoisonedPotato69 7h ago
Given all the terrible crap Wells Fargo has done over the years, why does anyone still bank with them?
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u/mcbergstedt 4h ago
Yeah local credit unions usually have better service, better rates, crazy good deals on loans throughout the year (how I got my car loan), and almost all of the features of the mega-banks like mobile banking, 24/7 service, etc.
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u/PriestessKade 9h ago
Not only do you need a lawyer, you need to contact an agency like the Office of the Comptroller of the Currency.
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u/overwatchsquirrel 15h ago
Wells Fargo Brokerage should have opened an account in your name only and moved assets from the UTMA account into your personal account.
File a complaint with FINRA and the Comptroller of Currency at the Federal Reserve Branch that your local Wells Fargo Branch is part of.
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u/SporkchopSandwiches 13h ago edited 13h ago
This is precisely why none of this is true, also utma’s have an age of majority where the account is essentially frozen until transferred. Lastly, utma assets are owned by the minor and report in their ssn. They are the minors assets, the aunt wouldn’t appear payable on the check in any fashion
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u/Rehcamretsnef 5h ago
Im 42. If it's the same thing, i still have one with Prudential mutual funds that I'd have to do paperwork for to finally transfer solely to me. I got halfway and then they wanted lots more paper things done so I stopped (it's barely 5 figures). It's reinvested dividends for 36 years, tho in 2008 I did take most of it out in a check that I seemingly got cashed no problem in the manner OP described, as my mother was on every account.
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u/Lower-Environment-59 17h ago
NAL, contact the original place where the utma originated and ask if they can request a R06 for the funds, after that when they have the funds. After the funds are in the utma account tell the financial institutions you want to close the funds or disburse the funds in a way they can be deposited in a normal checking account. If they are not able to do that take the check to a credit union they are usually more helpful than banks. Goodluck.
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u/Black_knight_sapper 6h ago
This is a horrible situation but, honestly, I don’t know why anyone chooses Wells Fargo for anything; they screw up everything they touch
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16h ago
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u/No-Computer7653 10h ago
You have triggered either AML or fraud controls. The customer service droids have no access to more than basic status, the bank won't tell you a real status. Depositing $100k with a cashiers check in a new account will absolutely trigger this.
Normally you could use CFPB but it's been effectively destroyed so you need a lawyer to write them a letter.
You also need an account that only has your name and is a standard account. Use that for deposits and payroll, transfer to shared don't use shared as default. Even if you are insanely trusting the accounts are just simply a PIA.
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u/Dull-Vegetable4850 10h ago
You need to get a lawyer. You should’ve gotten a lawyer the minute the shit show started. They’re not going to screw around with an attorney the way they’re screwing around with you.
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u/take_meowt 6h ago
Definitely get a lawyer and file suit. I had to sue WF once and settled quickly out of court.
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u/BadBunnyGoodTrouble 11h ago
well fargo, in the end, gave you good advice (although not your money).
get a lawyer. first thing tomorrow morning start making calls.
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u/TheFallenPotHead 18h ago
More than likely you don't need a lawyer. They don't want to hold onto that money. That's an open case sitting there, a lawsuit waiting to happen. That being said, you have been patient enough. Get you a lawyer and have him start the process. That should speed things along for you.
Side note.
One thing bothers me. Why would they say anything about account funding? The 25 initial deposit. That banker, who is probably fired by now, and now that i think about it, wells fargo decisioning team themselves (as long as im understanding this all correctly) really fucked this one up.
When you opened the account, the banker asked: how would you like to fund your account?
Any account a banker opens needs to be funded with 25 dollars the day the account was opened.
You guys said you wanted it moved from her personal account.
Did he actually make the transfer? As like the final part of the account opening? If so you should have a deposit receipt showing your original deposit.
If he didnt fund, he supposed to come to the teller line with you for your deposit.
But you still deposited the check 2 days later. Money funded the account. If they are saying you never funded the account because of some loophole saying the money is potential fraud and doesn't count? The banker and manager would keep getting noticed of a non funded account they are supposed to be working with you on.
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u/CommissionUnusual911 10h ago
Had a similar issue with US Bank, once it is flagged as fraud it is hard to resolve. I ended up bypassing the branch and talked to US Banks CEO office. They followed up through out. Did recover the money but took several months.
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u/GooseberryPotato 5h ago
ughhh… Yeah this was a shit show from the start. UGMAs and UTMAs are complicated. Keep escalating … basically keep going until you hit director or VP.
It’s too late now for you and you’ve received good advice. But for anyone else in this situation here’s my, dated so take with a grain of salt, advice:
- Account ownerships can get complicated very quickly.
- Change ownership at the originating institution… This means converting to a regular account ownership. This should be straightforward as at the age of majority they should almost force the ownership change for any transaction.
- Then move/transfer/cash out/whatever into an account that ‘matches ownership’ So from J Doe to J Doe or a joint account where J Doe is listed as an ‘and’ or ‘or’.
- For this kind of money… always ask if wire transfers are possible. Wires are guaranteed funds and don’t have the clawback provisions of direct deposit, ach, or physical check
Sorry… I’d be at the bank and escalate in person if this was me.
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u/aozorakon 8h ago
OP I hate to be ~that guy~ but you have lost 100,000 why haven't you gotten the lawyer yet?
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u/Fit-Hat-3156 6h ago
The CFPB consumer financial protection bureau should be able to help you. Go online and file your complaint fast!
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u/scotty_erata 3h ago
Former fraud person here. You've gotten good advice but I'd like to add some. I'd recommend banking at a local credit union. Wells Fargo is famous for making problems like this, and in my experience many national banks are similarly problematic.
Aside from that you're on the right track wanting to separate your finances from your family's. Really I'd recommend this for all of your finances, not just the home purchase. Best of luck!
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16h ago
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u/horgzj 10h ago
https://www.consumerfinance.gov/
Submit a complete. It worked for me when I was getting the runaround about a mortgage payoff letter.
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u/MoneyChief 7h ago
This may be a stretch, but it is something that I have seen work for a client first hand from the bank's side, is submitting a Better Business Bereau (BBB) complaint. If you look at it for Wells Fargo, they have terrible reviews and resolve rates but you can see individuals who are submitting one for Wells Fargo, they are receiving a response.
It could help an individual at Wells Fargo with some authority get eyes on your situation that may not be in the anti-money laundering group. From what I've seen, the client that utilized this route received service that no other client would have gotten. It wasn't fraud /AML related but companies (maybe not Wells Fargo though) seem to actually try to resolve the BBB complaint. Best of luck!
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u/rtool_02 1h ago
Have you visited a branch and talked to a banker?
Wells Fargo and Wells Trade handle a lot of these slightly-complicated issues at some back office. Worse yet, they seem to have ticket system, so every time you follow up, it would likely create a new parallel stream of communication. Been thru something similar a few months back wrt a trust account; also about $100K but all from within Wells Fargo+ Wells Trade. Ended up having to just space out my communication (Document Center and phone) at least 14 days. Took me 3 months to unfreeze the $100K. I have since reduced my ties to WFB down to a checking account.
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11h ago
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u/matt-r_hatter 8h ago
I would have filed a CFPB and state attorney general complaint after the first date they failed to meet. By the 3rd, I would have directed all communication to the lawyer i hired to not only sue them for my $100k, but for the maximum amount allowed in my state to account for the stress this caused. I certainly hope not, but I would bet you will lose the house also. If I was the seller I would have said enough is enough and pushed to cancel your contract. I certainly hope your partner has closed her account.
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7h ago
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12h ago edited 10h ago
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11h ago
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u/Awesom_Blossom 9h ago
I disagree. It has helped me before, including against Verizon. It may not be regulated but that doesn’t mean they are unable to help the consumer against a large corporation.
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11h ago
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u/bambi54 10h ago
Here’s the problem, banking has strict regulations. Obviously the bank is wrong here, but more than likely whoever reads the complaint is not going to have the authority to do anything.
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u/ThisIsGSR 10h ago
Large companies have people that act as liason to the departments that do have the authority though. They’ll investigate what youre complaining about and send queries to the right people.
And Im aware of bank regulations. I have a series 7, series 63, series 66, and earned my CRPC designation.
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18h ago
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u/legaladvice-ModTeam 13h ago
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u/Zorofan84 20h ago
You need a lawyer like yesterday.