Learning that your home is being foreclosed on is a scary thought for many of us. You work and strive to provide for you and your family and in the end, it can all be swept out from under you.
Warren and Maureen Nyerges live in the Golden Gate Estates in Naples, Florida, however, wasn’t having any of that when their mortgage company foreclosed on them… especially since their home was PAID OFF!
Warren and Maureen purchased their home outright back in 2009. The retired police officer opted for a 2,700-square-foot home and paid $165,000, effectively and fully owning it with no debts and no need for a mortgage.
Their mortgage company, Bank of America, reclaimed the home from the previous owner who had defaulted on payments leaving BOA with no other option than to reclaim the property.
Because Bank of America attempted to foreclose on the Nyerges’ home. Foreclosure is a broad term that applies to any loan, not just one levied against a house or property. It refers to the process whereby a lender tries to recover the full amount of a loan because the borrower has ceased making payments.
The Nyerges’ paid for their home outright, in cash, leaving no need for a mortgage and no need for a foreclosure.
So why exactly did Bank of America attempt to foreclose on this home? “I talked to branch managers, I called anyone who would listen to me,” Warren Nyerges told the Naples News. “I wrote a certified letter to the [bank] president. No response, nothing.”
To ensure they didn’t actually lose their home while they fought the good fight, the couple hired attorney Todd Allen, a newcomer to the legal scene with barely 8 months of experience at the time. The couple spoke with many attorneys during this time and Allen was the only one who would touch it.
After some hard work and a bit of luck, BOA dropped their case against the Nyerges’ and needless to say this was quite an embarrassment for the large corporation.
Given that Bank of America was at fault, the couple requested the company pay their legal fees as well which was just north of $2,000 but the request fell on deaf ears. Despite multiple requests, the couple turned back to the courts where a judge sided with them, making BOA pay their fees as well.
Are ya still with us? Good! So five months go by and the debt has yet to be paid off. Allen then had no other option other than to force their hands.
“They’ve ignored our calls, ignored our letters, legally this is the next step to get my clients compensated,” Allen told CBS News. So, what was that next step? Well, it was a move that would absolutely turn the tables on the Bank of America.
What happened next? LOL Well Attorney Todd Allen filed a FORECLOSER ON THE BANK ITSELF! He acquired the order and showed up at a local BOA branch with local sheriff’s deputies in tow. And that’s when the real revenge could begin.
Well, it worked… under orders from Allen the deputies began removing furniture, computers, and even freaking cash from the bank! This forced the manager to relent and once he checked with his superiors cut Allen a check for $5,772.88, covering the original fees and the extra costs that had been incurred since.
An aggrieved Allen later told WINK-TV, “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.”
Bank of America spokesperson Jumana Bauwens, meanwhile, told ABC News, “Basically, we’re truly sorry for the series of unfortunate circumstances that Mr. Nyerges experienced. He received a judgment – and rightly so. On Friday, that judgment was paid.”
