Bank of America Gets Pad Locked After Homeowner Forecloses On It

NoStateofMind

Diamond Member
Oct 14, 2005
9,711
6
76
Bank of America Gets Pad Locked After Homeowner Forecloses On It

Collier County, Florida -- Have you heard the one about a homeowner foreclosing on a bank?

Well, it has happened in Florida and involves a North Carolina based bank.

Instead of Bank of America foreclosing on some Florida homeowner, the homeowners had sheriff's deputies foreclose on the bank.

It started five months ago when Bank of America filed foreclosure papers on the home of a couple, who didn't owe a dime on their home.

The case went to court and the homeowners were able to prove they didn't owe Bank of America anything on the house. In fact, it was proven that the couple never even had a mortgage bill to pay.

A Collier County Judge agreed and after the hearing, Bank of America was ordered, by the court to pay the legal fees of the homeowners', Maurenn Nyergers and her husband.

The Judge said the bank wrongfully tried to foreclose on the Nyergers' house.

So, how did it end with bank being foreclosed on? After more than 5 months of the judge's ruling, the bank still hadn't paid the legal fees, and the homeowner's attorney did exactly what the bank tried to do to the homeowners. He seized the bank's assets.

"They've ignored our calls, ignored our letters, legally this is the next step to get my clients compensated, " attorney Todd Allen told CBS.

Sheriff's deputies, movers, and the Nyergers' attorney went to the bank and foreclosed on it. The attorney gave instructions to to remove desks, computers, copiers, filing cabinets and any cash in the teller's drawers.

After about an hour of being locked out of the bank, the bank manager handed the attorney a check for the legal fees.

"As a foreclosure defense attorney this is sweet justice" says Allen.

Allen says this is something that he sees often in court, banks making errors because they didn't investigate the foreclosure and it becomes a lengthy and expensive battle for the homeowner.

:biggrin:

One for the little guys?
 
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Engineer

Elite Member
Oct 9, 1999
39,230
701
126
Awesome!!!

Personally, he should have been a dick about it and kept them out for more than an hour! :twisted:
 

GroundedSailor

Platinum Member
Feb 18, 2001
2,502
0
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The executive who made the decision to not follow the courts orders should be made to share the legal costs paid.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,684
136
I would have at least waited for the check to clear. :whiste:

I don't think the bank manager wanted any further exposure. Poor bastard probably got called in on the carpet at headquarters to answer to the bean counters about this unauthorized expenditure... Executive bean counters never take the blame for anything.

Mortgage servicers, often the mortgage originators, currently have enormous problems created in the haste to create toxic MBS & push them out the door onto investors. They deserve all the grief they're getting, and more.
 

infoiltrator

Senior member
Feb 9, 2011
704
0
0
More likely someone said "hey, it happens, no fair. Don't pay and they will go away" or "if I don't pay I won't be held responsible for the expense" or " waiting for legal to find a loophole".
Choose any or all.
I would sue for more than legal fees after nonpayment. Deadbeat bank.
 

wuliheron

Diamond Member
Feb 8, 2011
3,536
0
0
Does this mean if congress defaults on our loans we can padlock capital hill?
 

spittledip

Diamond Member
Apr 23, 2005
4,480
1
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Justice would be if the bank fired whoever refused to pay the bill, investigated whoever started the fraudulent lawsuit in the first place, and publicly apologized for their behavior.

Give it some time. Do you think BOA is going to put up with this bad press?