In a story we would like to see more of, Warren and Maureen Nyerges, a couple of Florida homeowners, tried to repossess a local Bank of America.
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.
That sounds like the kind of thing that could happen to anyone, honestly: you buy your home in cash, the bank thinks that not having a mortgage is un-American, and decides to foreclose on your home when you fail to make payments on a mortgage you do not have. Really, we’re almost on Bank of America’s side here. Where do these people get off, owning their home outright?
So anyway, the couple decides that they want to keep the home they have bought and paid for, and take BoA to court over this. Since it’s such an open-and-shut case (here’s the deed, your honor, with our name on it and nothing on the lienholder line), it only took eighteen months to settle. In that year and a half, our intrepid heroes racked up some legal fees, which Bank of America was ordered to pay.
You might have guessed where this went: BoA didn’t pay. For five months. So, since one has a lot of free time on one’s hands when one doesn’t have a mortgage to pay, the Nyerges called their attorney, who showed up at the local bank branch with a couple of deputies and some moving trucks, where they proceeded to seize the bank’s assets – much as the bank would do to a homeowner if the homeowner was months behind on his mortgage. And we do mean all of the bank’s 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.
Sadly, cooler heads ultimately prevailed and the Nyerges did not wind up with free desks, computers, copiers, filing cabinets, and cash from the drawers. The branch manager wrote the couple a check for the settlement amount (plus, we hope, the cost of renting two moving trucks for a day) and everyone went home with a little less faith in our banking system.
The branch manager blamed the error on an attorney who was no longer in business, an excuse we’re a little hesitant to buy. How can a foreclosure attorney go out of business in 2011?