Couple Gets Legal Right To Seize B of A Property After Wrongful Foreclosure Attempt

When Bank of America, or any other bank, forecloses on a home it is assumed that the person who owns the home has defaulted, by a large sum, on the mortgage. Yet, in the case of a South Florida couple, Bank of America blundered big time.

Bank of America filed a foreclosure suit against a couple in Florida. The bank decided that retired police sergeant Warren Nyerges and his wife Maureen had a mortgage and owed the bank money. Two months later, the bank dropped the case, after realizing that the couple had actually paid cash for their Golden Gate home, which meant the didn’t have a mortgage.

The bank, under court order, was required to pay back the couple’s legal fees in the amount of $2,534, but failed to do so. After numerous attempts, including a certified letter to the general counsel of Bank of America, the couple, with the help of their lawyer, obtained a writ of enforcement to seize bank assets.

Before any property was seized, however, the sheriff executing the writ spoke privately with bank manager Eric Fahner. At the end of the discussion, Fahner wrote a check out to the sheriff’s department for the specified amount.

It is not uncommon for a bank to mistakenly foreclose on a home, especially in South Florida. However, it is normally the smaller mortgage companies that are the offenders. This time, though, it was Bank of America. Sadly, this action is becoming increasingly common, and homeowners are having to fight back hard to get what is rightfully theirs.

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