Bank of America Gets Pad Locked After Homeowner Forecloses On It

10:53 PM, Jun 3, 2011 
http://www.digtriad.com/news/watercooler/article/178031/176/Florida-Homeowner-Forecloses-On-Bank-Of-America

Written by
Kelly Heffernan-Tabor

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 a Florida home, the homeowner had sheriff's deputies foreclose on the bank.

It all 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 homeowners went to court and were able to prove they didn't owe anything on the house. In fact, it was shown 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 was wrongfully trying to foreclose on the Nyergers' house.

After more than 5 months, 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 out calls, ignored out 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 his bank branch office, the bank manager handed the attorney a check from the bank 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