Turning The Tables!

I won't tell you that the following will solve your own foreclosure problems, but I do think it'll cheer you up a bit because it shows that the bank isn't always right when it comes to questions of foreclosure and default. With the recent MERS and robosigning scandals, most of us were aware of that, but even so, there are cases where a bank's behavior is so egregious, it bears retelling--especially when the homeowner gets the final laugh!
In Naples, Florida, this past Friday, Warren Nyerges got to turn the table on Bank of America. Seems Mr. N. had purchased a home from BofA in 2009 that the bank owned through a prior foreclosure--nothing to do with Mr. N. He saw the house, liked it and paid $165,000 in cash--NO MORTGAGE-- for the house, a nice 2700 square foot home in Naples. Sounds simple, right? Well, not so fast.
After about four months of living in his new home, a process server showed up one day and handed Nyerges a notice of foreclosure, which, you have to admit, is a pretty good trick when he never had a mortgage on the place.
Anyway, this was the start of 18 months of aggravation for Nyerges--phone calls, paperwork and court hearings, not to mention legal fees. But, finally, in September of 2010, a judge ruled in his favor and ordered BofA to pay Nyerges' legal fees and leave them the hell alone.
As always, time passed and BofA still never seemed to get around to paying the amount the judge said they owed Nyerges. What to do? What to DO?
Nyerges turned one around on the bank. He got a judge to allow him to march up to the local BofA office and seize the bank's assets; that's what to do! Last Friday, June 3, his attorney, in the company of sheriff's deputies, and a moving van, showed up at BofA's Naples office and started taking the bank's furniture out of the bank and into the van. Seems to have worked. An hour later, the bank had written Nyerges a check for $5772.88, and Nyerges had won the day. Is he happy? You bet! Does he wish he hadn't had to do this? I don't know for sure, but I'd bet he is. After all, he just wanted to be left alone to live in his house that he paid for. Now he can.