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Foreclosure Commences … Against the Bank

On Behalf of | Jun 6, 2011 | Uncategorized

Moving trucks parked outside a housing foreclosure sale is fast becoming a common occurence in residential neighborhoods throughout the country. But when moving trucks pulled up to a Naples, Florida, branch of Bank of America to execute a judgment, the roles were reversed and the tables, indeed, had turned.

Mr. and Mrs. Nyerges of Naples, FL, paid for their home up-front, in cash, taking no mortgage loan out on their property. Nonetheless, they were still the subject of a foreclosure proceeding by Bank of America, just a year after moving in.

Naturally, the family hired a lawyer who then succesfully represented them against the Bank, obtaining a judgment allowing the family to recoup their attorneys fees — a judgment that B of A promptly ignored.

After unanswered letters, calls and the like, the family’s attorney resorted to the next step in enforcing a judgment against a debtor, just as any creditor (such as a bank) would do: they foreclosed.

After obtaining a court order, the family’s attorney went to the local branch of Bank of America and backed up moving trucks, explaining to attendant sheriff’s deputies that they were to enforce the judgment by removing cash from the drawers, computers, and other property, in full satisfaction of B or A’s debt.

After an hour, a bank rep finally emerged and presented a check to the Nyerges family, clearing the debt.

(No word yet if the reporting of the incident negatively affected the Bank’s credit.)