Mr. and Mrs. Nyerger bought a relatively new home in Collier County, Florida and never had a mortgage. Their home was paid for – they didn’t owe a penny! Warren and Maureen Nyerger had paid cash for their Golden Gates Estate home.
Then, Bank of America – for some unknown reason, wrongfully filed foreclosure papers on Warren and Maureen’s home.
The Nyerger’s numerous phone calls to Bank of America didn’t help. Their pleas to the bank to stop the madness went unanswered. The bank moved forward to foreclose. Further, Bank of America failed to even investigate the foreclosure and turned this farce into a long and expensive battle for the homeowners.
The couple hired a foreclosure defense attorney and their case eventually went to court. The homeowners were able to prove they didn’t owe Bank of America anything, and that they had paid cash for their home. They proved they never even had a mortgage.
The court sided with the couple and ordered Bank of America to pay all legal fees of the homeowners.
Trouble is, Bank of America didn’t pay those court-ordered fees. The homeowners waited and waited for the bank to send them that court-ordered check. They called, they wrote and they continued to wait. They waited for five long months.
Bank of America ignored the court order. Bank of America also ignored the homeowner’s foreclosure defense attorney’s calls and letters to pay back the homeowners as ordered by the court.
So, what do you do when the bank ignores you? The foreclosure defense attorney turned the tables and foreclosed on the bank for failing to pay.
This time, it was the bank that was foreclosed on.
On a sunny morning, a large truck from a moving company arrived at the Collier County local branch of Bank of America. The moving truck is normally something you see arrive at a home that’s been foreclosed on. But today, the moving truck was there to seize the bank’s assets.
The Sheriff’s deputies were there as well, overseeing the seizure. Bank of America employees were locked out of the bank and the movers were instructed to remove desks, computers, copiers, filing cabinets and cash from the teller’s drawers.
The visibly upset bank manager was frantically trying to figure out what to do, as the two deputies and the Nyerger’s attorney stood before him. His employees milled around outside the bank next to this huge moving truck that was parked at the front doors. After an hour and numerous phone calls, the manager finally handed over a check to the Nyerger’s attorney.
The foreclosure defense attorney had a smile on his face, but cautioned this particular case was just a symptom of a larger problem.
Soon, I will be writing about a case nearer to home, one of my clients who is facing a similar injustice by Bank of America.
Keith A. Gantenbein, Jr. is a Colorado consumer advocate attorney, foreclosure defense and real estate attorney located in Denver and servicing all of Colorado. His foreclosure defense practice includes: foreclosure prevention, foreclosure assistance, loan modifications, short sales, and all other foreclosure defense legal assistance. He also handles bankruptcies, mortgage negotiations, lender liability, real estate, civil litigation, debt defense, debt harassment, contracts and landlord/tenant. If you think you will be facing debt collection, foreclosure, or are in the foreclosure process, or have had a wrongful foreclosure, contact Keith Gantenbein at (303) 618-2122 for a one-hour consultation where he will discuss your situation and go over all your options with you.