Florida Couple Forecloses on Bank of America

NAPLES — When Bank of America tried to foreclose on Warren and Maureen Nyerges' fully-paid, Golden Gate Estates home last year, it was a mistake.

When the couple's attorney arrived at a Bank of America branch Friday morning with deputies, a moving company and a court writ permitting him to seize furniture and cash to recoup fees in the case, it was a last alternative.

"This could have all been settled for nothing a while ago, but it got completely blown out of proportion," Warren Nyerges, 46, said on Thursday.

In a scene that turns Southwest Florida's foreclosure crisis on its head, Collier Sheriff's deputies delivered the writ to a Davis Boulevard branch of the bank on Friday morning, presenting the bank manager with two options — he could either pay the $2,500 in attorneys fees the Nyergeses were awarded in December, or the movers would begin taking furniture and cash.

An hour later, as reporters and movers waited outside, the bank agreed to cut a check.

"I don't know any other way we could've done this," Nyerges attorney Todd Allen said.

The Daily News reported on Bank of America's mistaken foreclosure attempt in 2010, as Warren Nyerges fought the case in court without an attorney.

The couple, who moved to Naples from Ohio, bought the single-story, 2,700-square-foot home from Bank of America with cash in 2009. A mortgage was never executed in the purchase, either with Bank of America or any other lender.

After he received the foreclosure complaint in 2010, Warren Nyerges fought it on the phones and in court for two months before its dismissal. He then sought the attorneys fees for his trouble, a request granted in a December judgment.

Some five months and repeated phone calls later, neither Bank of America nor its local counsel, the troubled David J. Stern law firm, had paid the judgment or responded to Nyerges. The homeowner said he even tried calling bank CEO Brian Moynihan, to no avail.

"They refused to pay," Nyerges said. "And I tried everything I could, to anyone who would listen to me."

In January they hired Allen, a foreclosure defense attorney. Yet Allen's attempts to get the money also failed to produce a response. Allen said he then sent letters to Bank of America's general counsel, warning the couple he would pursue a levy.

Allen obtained a writ of execution from the court — permission, basically, to seize assets to satisfy a judgment — and he took it to the Sheriff's Office. Warren Nyerges paid a $10,000 bond, and the Sheriff's Office hired movers.

Friday morning, two deputies entered the office and confronted the bank manager. As Allen, Maureen Nyerges and the movers waited outside, the manager called supervisors.

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  News & Politics

[AwwCrap66]

5 dislikes?  boa fans?

[BombShellInfo]

Probably all BofA employees



[dundee520]

this made my day -- cheers 4 the post

[BombShellInfo]

- Your'e welcome.

[suthnbikerman47]

I would not ever do business with BOA for any reason. Now I just have another reason not to. "They have a foreclosure on their record." I love this video.

[BombShellInfo]

- yeah I'm down grading B of A's A+ rating. And from this point forward we should all charge them a higher interest rate for holding our dollars. Do them like they do us and raise the rate to the national credit card interest average of 19.9%

[Jerome Parli]

This is awesome! Just a shame about the audio levels, it would be smoother to watch if the intro and outro weren't so much louder than the story (although I wouldn't go so far as to say "asshole". :-P ) But as for the content, great job!

[DrHaz3]

if you have the power to make the clapping and music so damn loud, why not the talking!!!! asshole

[Princess Truth]

Very cool!

[Flukyunicorn]

Love this

[Rod Martin, Jr.]

Everyone needs to bank at a local credit union instead of a big named bank.

Here's a couple of my favorites:

thegreatesttruthnevertold dotcom

youtube dotcom/watch?v=lEV5AFFcZ-s

[Rod Martin, Jr.]

Great story, but video quality (including music choice) suck big time.

Volume on the video clip used was far too faint!

[SeymourPicks]

Bank of America was also quick to destroy my credit due to my refusal to pay fees they illegally charged. The lost a class-action suit and paid back my fees plus interest, but they OUTRIGHT REFUSED to do anything to restore my credit rating. That caused all my credit cards to go up to their maximum penalty interest and cost me thousands. So, I wrote a little tribute to them for helping to make this a great recession for all and posted it here on YouTube.

[Gianna Marie]

smh BofA is quick to foreclose on people's homes....but constantly seem to be making "unknown" errors yeah right they continue to do shaddy stuff until they get caught then they quickly put a lid on it and point fingers cuz once again it wasn't their fault ---really??? come on BofA stop playing dirty

[cydonia21]

Until we end the FED none of this matters.