Warren and Maureen Nyerges of Naples, Florida, were living a nightmare when Bank of America attempted to foreclose on their property – a home in the Golden Gate Estates district that the couple had not only purchased from the bank but also paid cash for and owned free and clear.
Bank of America alerted them of the impending foreclosure a year after they paid cash for the residence, which was clearly a mistake. However, Bank of America was uncooperative in fixing their own error, causing the couple to take this issue into their own hands to stop the bank from seizing their Collier County house.
Despite the fact that the Nyergeses had paid cash for the house, they were still at risk because the bank had filed for foreclosure on the property. With nothing else to do and consulting with management yielding no results, the Florida couple sued the financial giant to court.
Unfortunately, the foreclosure was not dismissed until a year and a half later, after a year and a half of difficulties. As a result, the Nyergeses sought restitution for their losses, and the judge agreed. Bank of America was subsequently ordered to pay the couple $2,534 in legal expenses. However, if the Nyerges believed their issues with Bank of America were resolved, they were mistaken.
After five months, the financial titan had still not given the couple the money awarded in court. Todd Allen, the couple’s lawyer, chose to turn the tables on Bank of America, and it was beautiful.
The couple and their lawyer arrived at Bank of America with police and moving vehicles to lawfully grab the corporation’s property. Simply put, the bank was instructed to pay up or face forfeiture of their assets. He told the deputy to go in and grab desks, computers, copiers, and file cabinets, as well as the cash in the drawers, Allen stated.
Allen was apparently held out of the bank manager’s office as the bank supervisor, who Allen described as clearly disturbed, tried to figure out what to do. Allen promised, he was either leaving the place with a large amount of furniture, or a check or cash or whatever. He was correct. It worked, and the couple received a cheque an hour later.
It can be unnerving to have two Sheriff’s officers sitting across your desk and a lawyer standing behind them, demanding whatever assets are in the bank, Allen said. However, having your house foreclosed on when it wasn’t appropriate is also wrong.”
No assets were really captured since Bank of America subsequently compensated the couple. The bank also apologized for the payment delay, stating that the original request was addressed to a lawyer who is no longer in business. Most people believe that’s not a justification because the bank is unlikely to accept it from someone who owes them money.
As a foreclosure defense attorney, this is sweet justice, the couple’s lawyer said, adding that banks frequently fail to complete their due research when foreclosing on houses. And there aren’t many people who would disagree with him.
