Homeowners Foreclose On Bank Of America (VIDEO)

Sweet justice.

That's how foreclosure defense attorney Todd Allen described the feeling of going to a Bank of America branch in Naples, Fla. to seize their assets.

Faced with a pair of sheriff's deputies locking down his building, the branch manager capitulated and handed over a check for $2,534. The sum was to cover Allen's fees from a case where he represented clients that the bank had tried to foreclose on -- despite the fact that they paid for their home in cash.

According to the News-Press in Fort Myers, Bank of America opened their case against Warren and Maureen Nyergers in February of 2010 and voluntarily dropped it two months later, but never coughed up for the couple's legal fees as ordered by a judge.

North Carolina's WFMY has the details on how justice was served:

Sheriff's deputies, movers, and the Nyergers' attorney went to the bank and foreclosed on it. The attorney gave instructions to to remove desks, computers, copiers, filing cabinets and any cash in the teller's drawers.

After about an hour of being locked out of the bank, the bank manager handed the attorney a check for the legal fees.

WATCH (via WINK):

Comments

[tyger]

07:12 PM on 06/09/2011

The law goes both ways folks and more people should do this.

[richardkenosha]

02:56 PM on 06/08/2011

I would have made the bank buy it back at a higer price...plus all the fees you could tack on!! $$$$$$$

[Daphydd]

01:37 PM on 06/08/2011

I'm reminded of a story Ralph Nader tells about someone, who went to Montgomery Ward to buy a washing machine, looked over the contract, crossed out sections, made a few additions,
and then handed it back to the salesperson, who promptly called the police. His point is that consumers assert their rights so rarely, that businesses believe its a crime when they do. This case is a brilliant counter example. Power to the consumer.

[mudshark12]

01:07 AM on 06/08/2011

BofA don't like having to take their medicine. And its the same as they have been doling out for months. I wish the Nyergers family well as they attempt to get their attorney's fees from BofA in the near future.

[txmom54]

11:59 PM on 06/07/2011

The attorney gave instructions to remove "any cash in the teller's drawers." Doubt this happened. I would think the moment they touched the money, the feds would have been all over this.

[MyResponsibility]

01:01 PM on 06/07/2011

Serving a Writ of Execution to collect a judgement bears no resemblance at all to a foreclosure. What a ridiculous headline.

[baltbear]

02:08 AM on 06/07/2011

the only bead thing in that video is the obvious fact that the attorney is not petitioning the federal attorney to pursue rico charges against boa.

[Wayne Caswell]

08:27 AM on 06/07/2011

When was the last time we saw RICO charges against Any corporation? If it were done more often and more publicly, behavior would change.

[LJIESQ]

01:13 AM on 06/07/2011

We need to see more of this kind of justice.

[sgtriker55]

04:32 AM on 06/07/2011

right on

[Teoh Wei Siang]

12:12 AM on 06/07/2011

Todd Allen do what is right . The bank need to pay as ordered by the court.

[stargazer13]

12:11 AM on 06/07/2011

good for them !!

it seems to me that over the last 75 years

some how the banks ended up owning every thing !!

I have look at past years

booms and busts don't ya know ?

and American Citizens have never broke even !! NOOOOOOO never :(

and now we know why we have lost !! the land our forefathers worked for with some giving all they had

aka their very life

there posterity ending up with nothing !

how sad very very freaking sad is all !

I look at all the petty criminal,s in our sociality labeled and slandered beyond redemption

and then I look at these men who control our booms and busts Don't ya all know ??

and they get away with causing great harm & suffering to millions of innocent Americans

and we give them bonuses for an economic it well done !!

I shake my level head and wonder when well we as a people stop this uncivil madness

[tlcpro]

10:34 AM on 06/07/2011

We Americans need to stand together and say enough is enough. The best way that I can think of to do this is to stop using banks and other loan programs. Stop paying our credit card bills, etc.. Hit 'em where it hurts, in profits. If every American paid the principle on their credit cards and refused to pay the interest, that would hurt them. Pay for the things bought, but not the interest they charge. We should charge the banks for using our money to make themselves rich. None of the money they are charged with is their money. It belongs to the people who deposit it. The bank turns around and uses those deposits to make loans and charge interest. Therefore, with holding interest payments would hurt no one but the bank.

My bank just closed my account with one week notice given to me. I have so much attached to that account that I could not prepare for the closing of it. They haven't sent me the money that was in the account when they closed it either. To add insult to injury, I am sitting on $80 worth of paper checks that I can't use.

Banks suck. Cash only please.

[utilitopia]

04:57 PM on 06/07/2011

"Banks suck. Cash only please." I'm way ahead of you bro!

[smokeystover39]

12:08 AM on 06/07/2011

We need a Robespierre to deal with the banksters.

[RadicalAmerica]

11:49 PM on 06/06/2011

YES!
Where can I contribute to the Nyergers legal fund?
They are my heroes for the year.

This is the best story I have read on HP so far!

[Lea Santello]

11:34 PM on 06/06/2011

keep voting republican an this will only get worse

[driver23343]

12:52 AM on 06/07/2011

What is the differance between Obama and Osama...answer: BS. This has as much to do with this stream as your comment.

[zmanusmc]

04:37 AM on 06/07/2011

What a worthless post ... where are your facts?

[jwwillco]

09:26 AM on 06/07/2011

Lea you are soooo wrong. Where are your facts? Look what has happened in the little time hes been in office....

[Scott Zwartz]

11:21 PM on 06/06/2011

Let's remember this case when people start scraming abut how terrible attys are. Without this atty, these people would be homeless even though they paid cash for their home! Consumer attys are some of the very last people who can sometimes hold the 2% from laving the rest of us 98% dead broke.

Let's restore consumer protection statutes to the books. I am certain that whatever law this atty used to save these people's home and receive his atty fees is marked for repeal by the GOP in Florida. They'll complain about the injustice that crooks at BofA had to pay his atty fees. Without statutes that force the crooks to pay when they are caught, attys cannot afford to take these cases to help consumers.

[Wayne Caswell]

08:43 AM on 06/07/2011

Oh, but these are greedy Trial Lawyers, they say. I don't understand why we need Tort Reform to protect companies from the throngs of abused customers. Wouldn't it be better to stop the abuse than to block the suits?

[Norman Allen]

11:20 PM on 06/06/2011

There is a story of a young man falling on hard times whose bank was repossessing his car. He went everywhere to get a loan to pay off his banker but none lend him. After pestering one of the bank managers many times, the manager told him no one on earth will lend him money but he would if the young man could tell which one of the manger's eyes were artificial. Young man: "It is the left one". The manager: "That is strange, not even my wife could tell which one of of my eyes were not real. How you could tell?

"Because the left eye had some compassion in it!" said the young man! I bet he was not a B of A manager!