Attorney for victim of wrongful foreclosure turns tables on the bank

posted on:
June 16, 2011



After a Collier County, Florida, couple were the victims of a wrongful foreclosure, their attorney turned the tables on Bank of America. When the bank failed to pay court costs after the lawsuit was settled in the couple’s favor, the attorney hired a moving company and showed up at the local Bank of America branch with Sheriff’s deputies, intending to seize assets to recoup the expenses.

As reported by WINK News, the trouble started when Bank of America mistakenly issued a foreclosure notice on the home owned by Warren and Maureen Nyerges. The couple had paid cash for their home and did not owe on any bank note. However, resolving the confusion did not prove easy, and the couple wrestled with the bank for more than a year until the bank finally dropped the foreclosure. A Collier County judge ordered Bank of America to pay the Nyerges’ court costs and legal fees, totaling $2,534.

When five months had passed with no payment after repeated inquiry and billing, the attorney, Todd Allen, decided to turn the tables and foreclose on them for assets to satisfy the debt. The startled bank manager, when faced with an attorney, Sheriff’s deputies, and a moving truck parked outside his facility, locked himself in his office while he tried to figure out a solution. About an hour later, the bank issued a check to the Nyergeses to pay the debt.

“As a foreclosure defense attorney, this is sweet justice,” Allen said. He said he was just tired of seeing people’s lives turned upside down like what happened to the Nyergeses, all because a bank does not perform its due diligence on foreclosure cases.

Read and watch the full news report at WINK online.

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