Let's hope this is the beginning of a trend! Let Big Banks know that they are subject to the same rules as the rest of us and maybe they will start to play fair.
Wake Up America.. We CAN slay the giants
Sweet Justice!
That's how foreclosure defense attorney Todd Allen described the feeling of going to a Bank of America branch in Naples, Fla. to seize their assets.
That's how foreclosure defense attorney Todd Allen described the feeling of going to a Bank of America branch in Naples, Fla. to seize their assets.
Faced with a pair of sheriff's deputies locking down his building, the branch manager capitulated and handed over a check for $2,534. The sum was to cover Allen's fees from a case where he represented clients that the bank had tried to foreclose on -- despite the fact that they paid for their home in cash.
According to the News-Press in Fort Myers, Bank of America opened their case against Warren and Maureen Nyergers in February of 2010 and voluntarily dropped it two months later, but never coughed up for the couple's legal fees as ordered by a judge.
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.
The foreclosure nightmare started when Warren and Maureen Nyerges paid cash for a home owned by Bank of American in the Golden Gate Estates. They never had a mortgage whatsoever. But, the bank fouled it up and wound up issuing a foreclosure through their attorney.
The couple took their case to court and after a year and a half nightmare the foreclosure was dropped. A Collier County judge said Bank of America has to pay the couple's $2,534 legal fees for the error. After more than five months the bank still hadn't paid up. So, the homeowners' attorney did just what the bank would do to get their money, legally seize their assets.
"I instructed the deputy to go in and take desks, computers, copiers, filing cabinets, including cash in the drawers," Attorney Todd Allen told WINK News.
Outside the Bank of America on Davis Boulevard, several deputies stood by with movers ready to start hauling out the bank's office supplies and furniture.
Inside, 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 says the manager was visibly shaken, "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."
After about an hour the bank finally cut a check to satisfy the debt, and no furniture was taken. A representative for Bank of America issued a statement saying they are sorry for the delay in issuing funds. They claim the original request went to an outside attorney who is no longer in business.
As for Allen, he calls this a symptom of a larger problem he sees often in the courts, where banks don't perform their due diligence on foreclosure cases. "As a foreclosure defense attorney this is sweet justice."
Article courtesy of Wink News
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