ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Monday, June 6, 2011

Turning the Tables: Florida Couple Forecloses on Bank of America Branch

From AP/law.com:

Warren and Maureen Nyerges bought a foreclosure in Naples with cash in 2009 and never dreamed they would end up in court, fighting foreclosure.

Bank of America mistakenly filed a foreclosure claim against the couple even though they had no mortgage at all. The couple fought the case in court and won, but then asked Bank of America to pay for $2,534 in attorney fees. A Collier County judge ruled the bank should pay, but the bank never did.

On Friday, the couple's lawyer went to a Bank of America branch with two sheriff's deputies. He was prepared to take possession of furniture inside the bank to pay the debt.

One hour later, the bank wrote a check for $5,772.88 to satisfy the original debt plus other fees.

[Meredith R. Miller]

 

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