Noway

BANK AMERICA SAYS "OOPS" !!!

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Now this is FUN-EEE !!

Tables Turn: Deputies and movers show up at bank to seize property for homeowner

Story Created: Jun 03, 2011 at 3:48 PM America/Chicago

AS YOU CAN SEE, "WRITS OF EXECUTION" WORKS BOTH WAYS !!

COLLIER COUNTY, Fla. - A bank foreclosure story you've got to see to believe. A Collier County couple turns the tables on Bank of America, the bank that tried to foreclose on their home. Now, the family is foreclosing on the bank! Even bringing trucks and deputies ready to seize property.

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."

Read more: Tables Turn: Deputies and movers show up at bank to seize property for homeowner

Note: I haven't had the time to follow up on this story, but if it happened as reported, then you have to admit, the bank manager must have been sweating bullets ! LOL ! had this matter pertained to me personally, the next step would be to file a suit against the bank AND THE MANAGER for allowing this to happen . Shall we say punitive damages...emotional distress, sleepless nites, loss of consortium...the whole 9 yards !

Edited by Noway

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The homeowner already received damages- the legal fees. That was the root cause of the judgment. And that's how judgment creditors get paid in the end. You send the sheriff to levy. So BoA had to cut a check for $2,534 + sheriff's fees (usually about $150-$200). Serves them right for not paying the judgment.

BoA is officially labeled TOO BIG TO FAIL. It is cases like this that show they are TOO BIG TO SUCCEED.

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The homeowner already received damages- the legal fees. That was the root cause of the judgment. And that's how judgment creditors get paid in the end. You send the sheriff to levy. So BoA had to cut a check for $2,534 + sheriff's fees (usually about $150-$200). Serves them right for not paying the judgment.

BoA is officially labeled TOO BIG TO FAIL. It is cases like this that show they are TOO BIG TO SUCCEED.

You may be correct...however, I would certainly ask my attorney if punitive damages could be lurking in the shadows, and if so ...go for it. The attorney would no doubt be willing to go for damages on a contingency basis. Also, the banker should be sanctioned for allowing this to happen in the first place, maybe ask the court to either temporarily or permanently suspend his license . I doubt very seriously if this situation was a rare occurence...no telling how many times this takes place in the banking and mortgage industry and folks just roll over...

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The banker/bank manager would have absolutely nothing happen to them. If you decided to sue them you would probably end up paying their attorneys fees to defend a frivolous lawsuit.

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The banker/bank manager would have absolutely nothing happen to them. If you decided to sue them you would probably end up paying their attorneys fees to defend a frivolous lawsuit.

Why do you say that USC ? Someone is liable within the BAC corp mess. perhaps the defendant is this case or others like it, should find out who that BAC executive is, who subjected this individual to the emotional stress caused by BAC and go after that individual, if not this particular bank executive or manager. I'm sure a good attorney could find this info, as any such foreclosure document legal papers are required to be signed by a real live person....not computer generated. Hiding behind the corporate umbrella is becoming more difficult, especially since BAC and about 15 others have been involved in foreclosure fraud. It's a big mess and it's time people are held personally accountable. Again, one should allow their attorney to investigate fully and decide if such a suit would stand.

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BofA had to be threatened with asset siezure in order to get them to pay up on a judgment for foreclosure on the wrong home.

Florida couple threatens bank with asset seizure, finally gets check | TBO.com

This is the second time it has hit the news that a judgment holder on a bank has had to go so far as to threaten to put a bank's local office up for sale to pay a judgment out. The other was Wells Fargo for failing to answer a RESPA qualified written request.

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Liable for WHAT? They felt they had the right to foreclose, they took action, lost and were forced to pay the attorney's fees of the defendant. And to collect the fees, the judgment creditor levied on the local BoA branch. The system worked perfectly. They were held liable. I'm not sure what you are talking about.

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I'm not sure why this is newsworthy. This is how defendant corporations are forced to pay up all the time. Its just a little more embarrassing for BoA because of their size. I'm sure they would have bucked up had they known about it. The problem is these goliath banks are so large that small nuisance sums of money don't get noticed and no one takes responsibility for having them be paid. So between BoA and WF having this happen to them once each, that's not bad. I would think this would happen more often.

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Liable for WHAT? They felt they had the right to foreclose,

They FELT they had the right to foreclose? On what basis? There was no mortgage; there had NEVER been a mortgage. Banks can foreclose anytime they like because they FEEL they have the right? And the homeowners, having gone through two years of stress to defend against this frivolous action, are entitled to nothing except their attorney fees and the sheriff's fees? :evil:

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Liable for WHAT? They felt they had the right to foreclose, they took action, lost and were forced to pay the attorney's fees of the defendant. And to collect the fees, the judgment creditor levied on the local BoA branch. The system worked perfectly. They were held liable. I'm not sure what you are talking about.

How about "Liable for committing perjury when signing a false affidavit"...on a matter which apparently had never been reviewed, and obviously an affidavit which was signed by an affiant and executives who obviously had no personal knowledge of the matter in question, otherwise they would have known the mortgage had been paid. In Tennessee, any supervisor( in this case, the supervisor apparently had no personal knowledge) or account executive who requires such an affidavit to be issued can also be held liable for perjury, and believe me when such charges of perjury are proven, the consequences can be severe...from a maximum of one year in prison , up to a minimum of up to 20 years in prison, depending on the level of perjury committed. See my previous post on Tenn Law regarding perjury, and compare that law with other applicable state laws in your state. In matters such as this, maximum punitive damages should be available, and the "bono fide error excuse" in this case should not be permitted by the courts. Years of stress, and the Bank and executives involved are allowed to walk ? Perhaps not...BAC (and many others) has previously fallen under federal scrutiny...Perhaps it's time to tighten the noose around their neck by Sending folks to the big house.

and the very least, they should be sanctioned for "committing fraud upon the court" for submitting such fraudulent documents to begin with.

But of course, matters such as this should be prosecuted, and tried in a court of law...certainly not in any forum.

Edited by Noway

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I'm not sure why this is newsworthy.

I think it's newsworthy for the comedic value, but the the 10 threads that popped up this week was a little much.

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I think it's newsworthy for the comedic value, but the the 10 threads that popped up this week was a little much.

...and of course, we can say it's "comedic", if we have never been subjected to such stress. But I doubt this "comedy" was funny to the homeowner involved.

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BOA must have problems in this department. Remember when they seized the homes of active duty service members even though their homes were protected under the Servicemembers Civil Relief Act?

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