It seems as if every day, home owners are losing their homes because of delayed payments. It doesn’t take long for the bank to pull the paperwork and launch a foreclosure on distraught owners. But, it’s a different story when a bank gets called out for its wrongdoing.
One bank got a taste of its own medicine when it tried to foreclose on a home. Florida residents Warren and Maureen Nyerges, were furious when their Bank of America branch threatened to foreclose on the home that they had purchased years ago.
The bank threatened to take their home away, but the couple rightfully countered their threat. They had paid for their Collier County home in cash and the bank had no right to take it away. They didn’t owe a dime on their Golden Estates home.
The fury that they felt led them to hiring a lawyer who specialized in foreclosures. Attorney Todd Allen, represented the couple and with their agreement, they decided to foreclose on the bank. The tables were turned.
After the attorney sent several letters and phone calls, the bank never responded. They were trying to hide from the consequences of their crime. The couple had been left with unnecessary legal fees and after five months of no response, the couple decided to take matters into their own hands.
When a home is foreclosed on, moving trucks pull up to the home and seize the owner’s belongings in place of payment. The Nyerges and Allen felt that this was the only way to get justice, so the five months after the bank attempted to foreclose on them, they had moving trucks sent to the bank’s parking lot, armed with police escorts. Allen advised the deputy to seize the banks’ belongings, including computers, desks, phones and even cash directly from the bank drawers. The couple stood waited in the parking lot as the event unfolded.
Initially, the bank manager, who was visibly shaken up, locked Allen out of his office. An hour later they came to agreement and the bank paid the couple the $2,534.00 in legal fees that the judge had ordered from the start.
Attorney Todd Allen feels that the end result was a sweet justice because he says that he is presented with situations like this all the time, where banks wrongly foreclose on home owners. They send out the wrong paperwork and they are eager to demand money, but it was different when the bank owed money to a loyal customer. It’s as if they don’t cross their t’s and dot their i’s before they accuse others.
“Yes, it was probably pretty intimidating for the bank manager to be confronted by two officers and an attorney,” said Todd Allen. “But it’s very upsetting when you get your house foreclosed on when you paid cash for it.”
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