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Log inCouple almost forecloses on Bank of America
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Couple almost forecloses on Bank of America
by sambarvada Mon Jun 06, 2011 10:55 pm
Talk about turning the tables on a bank!
Warren and Maureen Nyerges paid cash when they bought a home from Bank of America in the Golden Gate Estates section of Collier, County, Fla., according to CBS affiliate WINK-TV in Ft. Myers.
But that didn't stop Bank of America from trying to foreclose on them.
They took their case to court and, a year-and-a-half later, the foreclosure action was dropped.
A Collier County judge said Bank of America had to pay the couple's $2,534 legal fees, since it had made the mistake.
After more than five months, the bank still hadn't paid up. So, the homeowners' lawyer, Todd Allen, began proceedings to did just what a bank would have to get its money: legally seize bank assets.
On Friday, sheriff's deputies and moving vans showed up at the bank.
"I instructed the deputy to go in and take desks, computers, copiers, and filing cabinets, including cash in the drawers," Allen says.
Inside, says WINK, "The homeowners' attorney was locked out of the bank manager's office by deputies while the bank manger tried to figure out what to do."
Allen told WINK, "Having two Sheriff's deputies sitting across your desk, and a lawyer standing behind them, demanding whatever assets are in the bank can be intimidating. But, so is having your home foreclosed on when it wasn't right."
Bank of America finally cut a check. No furniture was actually taken, and the bank, says WINK, apologized for the delay, claiming the original request went to an outside attorney who is no longer in business.
Allen called what happened to the couple a symptom of a larger problem he sees often in the courts, in which banks don't perform their due diligence on foreclosure cases. "As a foreclosure defense attorney, this is sweet justice," he remarked to WINK.
Read more: http://www.cbsnews.com/stories/2011/06/06/earlyshow/main20069297.shtml#ixzz1OYTV8NtM
Warren and Maureen Nyerges paid cash when they bought a home from Bank of America in the Golden Gate Estates section of Collier, County, Fla., according to CBS affiliate WINK-TV in Ft. Myers.
But that didn't stop Bank of America from trying to foreclose on them.
They took their case to court and, a year-and-a-half later, the foreclosure action was dropped.
A Collier County judge said Bank of America had to pay the couple's $2,534 legal fees, since it had made the mistake.
After more than five months, the bank still hadn't paid up. So, the homeowners' lawyer, Todd Allen, began proceedings to did just what a bank would have to get its money: legally seize bank assets.
On Friday, sheriff's deputies and moving vans showed up at the bank.
"I instructed the deputy to go in and take desks, computers, copiers, and filing cabinets, including cash in the drawers," Allen says.
Inside, says WINK, "The homeowners' attorney was locked out of the bank manager's office by deputies while the bank manger tried to figure out what to do."
Allen told WINK, "Having two Sheriff's deputies sitting across your desk, and a lawyer standing behind them, demanding whatever assets are in the bank can be intimidating. But, so is having your home foreclosed on when it wasn't right."
Bank of America finally cut a check. No furniture was actually taken, and the bank, says WINK, apologized for the delay, claiming the original request went to an outside attorney who is no longer in business.
Allen called what happened to the couple a symptom of a larger problem he sees often in the courts, in which banks don't perform their due diligence on foreclosure cases. "As a foreclosure defense attorney, this is sweet justice," he remarked to WINK.
Read more: http://www.cbsnews.com/stories/2011/06/06/earlyshow/main20069297.shtml#ixzz1OYTV8NtM
sambarvada- Posts : 585
Join date : 2011-04-29
Re: Couple almost forecloses on Bank of America
by charvaka Mon Jun 06, 2011 11:02 pm
Haha, wonderful story. Thanks for posting!
charvaka- Posts : 4347
Join date : 2011-04-28
Location : Berkeley, CA
Kris- Posts : 5460
Join date : 2011-04-28
Re: Couple almost forecloses on Bank of America
by Marathadi-Saamiyaar Tue Jun 07, 2011 12:13 am
sambarvada wrote:Talk about turning the tables on a bank!
Warren and Maureen Nyerges paid cash when they bought a home from Bank of America in the Golden Gate Estates section of Collier, County, Fla., according to CBS affiliate WINK-TV in Ft. Myers.
A Collier County judge said Bank of America had to pay the couple's $2,534 legal fees, since it had made the mistake.
After more than five months, the bank still hadn't paid up.
Read more: http://www.cbsnews.com/stories/2011/06/06/earlyshow/main20069297.shtml#ixzz1OYTV8NtM
Is that all ? This lawyer is useless if that was all he got for 2 years of wrongful hassle. It should have been in millions more in punitive damages.
Marathadi-Saamiyaar- Posts : 17675
Join date : 2011-04-30
Age : 110
Re: Couple almost forecloses on Bank of America
by charvaka Tue Jun 07, 2011 12:20 am
I don't know... the imagery of the sheriff's deputies showing up with moving vans in front of the bank feels a lot more satisfying!Marathadi-Saamiyaar wrote:
Is that all ? This lawyer is useless if that was all he got for 2 years of wrongful hassle. It should have been in millions more in punitive damages.
charvaka- Posts : 4347
Join date : 2011-04-28
Location : Berkeley, CA
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