Original story published 6th June 2011 – winknews
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 home-owner, the home-owners 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 couple said they paid cash for the house.
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 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.
Video News Report – Homeowner Forecloses On Bank of America
Follow Up Article To This Story
When WINK News brought you an exclusive story about a homeowner foreclosing on Bank of America, no one imagined the story would take off like it did. It hit a nerve worldwide, with thousands commenting on how this small, local victory relieved some of their own frustrations with banks over foreclosure.
We were there as a Golden Gate Estates homeowner and her attorney showed up at Bank of America with movers and deputies in tow, ready to seize the bank’s property! They were foreclosing on the bank for not paying court ordered fees, this after Bank of America made a mistake and tried to foreclose on a property they bought with cash.
The attorney, Todd Allen, says after the story aired his inbox was full.
“I had gotten a text message from a friend it was on the Drudge Report, and then I flipped over to my email and I saw the number and I knew immediately that something had blown up,” Allen tells us.
A story about homeowners turning the tables on the bank spread like wildfire all over the Internet. Major news websites picked up the story, then it was posted and re-posted on hundreds of websites, blogs, Twitter accounts, and Facebook pages. Thousands leaving comments.
Many of those people reached out to Allen through email, “that it was about time somebody stood up for the little guy. A lot of people were congratulating us on pushing it to the end.”
Some emails came from lawyers from as far away as New Zealand and Guatemala. A woman from California called Allen and American hero and hopes he runs for public office.
Warren Nyerges, the homeowner, calls the exposure viral vindication, “it feels very good, glad it happened this way. Bank of America was very insincere, very unwilling to help.”
Allen doesn’t think this will change any of the procedures on Bank of America’s part but he’s happy the story got exposure. “It united everybody that’s faced foreclosure. They’ve rejoiced in seeing this happen to Bank of America.”
Source – winknews