Originally published June 8 2011
Homeowners foreclose on Bank of America
by Neev M. Arnell
(NaturalNews) In a role reversal that would bring satisfaction to many a struggling American, a foreclosed couple foreclosed on a Bank of America branch last week.
Warren and Maureen Nyerges, of the Naples, Fla. area, bought a home with cash in 2009, yet in 2010 Bank of America tried to foreclose on them. It eventually took a court intervention to remedy the situation. (http://www.npr.org/blogs/thetwo-way/2011/06/...)
In December 2010, a judge said that the bank wrongfully tried to foreclose on the Nyerges home (http://www.digtriad.com/news/watercooler/art...) and ordered the bank to pay the couple $2,500 for the attorney fees resulting from the mess. But months later, the bank still had not paid up.
The Nyerges hired a lawyer, who pursued a levy, and Friday, June 3, it all came to a head. The lawyer came to the local Bank of America branch with the sheriff, the media and a moving truck.
"I'm either leaving the building with a whole bunch of furniture, or a check or cash or something," the attorney, Todd Allen, said.
Sheriff's deputies entered the branch shortly after 9 a.m., and presented the bank manager with a court writ and the choice familiar to so many former homeowners in America: Pay the money or prepare to lose possessions.
Allen ordered the deputies to take photocopiers, desks, computers and whatever cash was in the drawer to settle the debt. The bank manager on duty was "visibly shaken" he said.
"Having two sheriff's deputies sitting across your desk and a lawyer standing up 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," Allen said. "They've ignored our calls, ignored our letters, legally this is the next step to get my clients compensated."
The Nyerges submitted multiple pleas for the money owed directly to the bank many times.
"I talked to branch managers, I called anyone who would listen to me," the couple said. "And I wrote a certified letter to the president (of the bank). No response, nothing."
After about an hour of being locked out of the bank, the bank manager relented and handed Allen a check for the legal fees.
"As a foreclosure defense attorney this is sweet justice" Allen said, because this situation is just a symptom of a larger problem.
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