BoA Gets Pad Locked After Homeowner Forecloses On It

[audtatious]

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 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 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.

CBS News
http://www.digtriad.com/news/watercoole ... Of-America

[PapaSmurf2k3]

Freaking awesome.

[Bubba1]

Freaking awesome.

I read that article this morning. Loved it. FTW.

[vocationalzero]

Just adds another reason why I hate bank of america

[ADDirishboy]

That. Is. AWESOME!

[bigbadberry3]

I like all of it.

[nissangirl74]

makes me wish our loan with them was already paid off; what a bunch of idiots.

+1 for the homeowner

[themadscientist]

I wanted to be a lawyer, but after I realized the things I might be expected to do like defend people I knew were guilty, I opted out of that. If I got to do THIS kind of work I would jump all over it!

[nissangirl74]

I would never want to be a defense attorney but I sure as hell could be a prosecutor / judge. Everyone that disobeys the "Thou shall not act an idiot" law gets the chair!!

[themadscientist]

Sounds like me!

[carloslebaron]

I did seize a company once, and the feeling is great indeed. Even when my case was not involving big money, just a few thousands, the owner of the company refused to pay me my money, so I hired an attorney. After some inquiries here and there, my attorney told me to find a storage place to rent, also to rent a big truck, and after the corresponded paper work, we went to the nearest police station for "back up" and with the court order in the hand I went to the main office and -believe me, this is great- I was the "boss" telling to some hired guys to start moving furniture, machines and goods ready to be delivered. I took maybe 100 times the value of the money owed to me by this company...I forgot to rent a tow truck, otherwise I should also take the company's vehicles...lol

The owner of the company was ready to show up that day to stop the seize, but he retracted himself and went to the court looking to settle right away. I received my money, and he had to pay the court cost, plus the renting of the storage place, the truck and the payment of the labor. For his bad luck, others -big creditors from banks and other private business, we are talking of millions of dollars- heard about my case, and as he was always late with his payments, they decided to do the same...the company was gone after six months of battling legal cases...the butterfly effect...

Reading the link above, I have no idea why the bank was so arrogant against the homeowner, but I'm glad that there are judges who will take care that the law must be enforced properly...

[hannibal]

Awesome!

[frapjap]

That rocks! The above story is also pretty cool too- folks like that just don't deserve to be in business.