There are moments so terrible that it leaves you shaking. For one couple, this was their reality when faced with a foreclosure notice from Bank of America. After months of headache-inducing legal battles, the Nyerges turned the tables and the bank was the one facing down the barrel of the foreclosure gun.
Months earlier, Warren and Maureen Nyerges had purchased a 2,700-square-foot previously foreclosed home in Naples, Florida in 2009 for $165,000 entirely in cash. They were certainly not the typical candidates for a foreclosure notice. They didn’t even have a mortgage to begin with! Their troubles began four months after the sale. Somewhere down the line, there was a mix up of the previous owner’s foreclosure paperwork and the Nyerges’ purchase agreement, spurring the bank to continuously call the Nyerges to pay their nonexistent dues.
As if this mishap wasn’t enough, it was equally challenging to undo the damage. After visiting twenty-five law firms, Warren couldn’t find a lawyer to take on his case. He told CBC News, “It was mind boggling. To try to unscrew the screw up, it’s not as easy as it sounds.” His long search came to an end when they found their lawyer, Todd Allen, to take the case. With Allen’s help, the Nyerges found justice in September 2010 when a judge ruled their favor and demanded that Bank of America pay the couple’s $2,534 attorney fee.
That should have been the end of it, but up until last week, the bank still had not paid up. To be clear, it had been nearly six years since the ruling at this point. Allen decided to take action and got a judge’s permission to begin seizing the bank’s assets. The tables had turned, and it was their turn to feel the pain of a foreclosure. In the midst of movers carting off office desks, supplies, and computers, the bank manager stood by scrambling to remedy the situation. “He was visibly shaken,” said Allen.
Jumana Bauwens, a Bank of America spokeswoman, had emailed the Associated Press on Monday to shed some light on the fiasco. Bauwens said that they had apologized to the couple for the delay in funds and that the ordeal had come about because the attorney responsible, David J. Stern, was no longer in business. Stern’s office was under investigation by Florida’s attorney general for various allegations related to fraudulent legal documents that negatively affected homeowners — including filing foreclosures.
Watch the unconventional foreclosure in action below and SHARE if it made you laugh.