Jun 08

Three Strikes – Bank of America is OUT!

Collier County, Florida – After actually paying CASH for their home which had previously been owned by Bank of America, the bank had the audacity to issue a foreclosure on Warren and Maureen Nyerges’s home. This proves that Bank of America is unaware of or does not care what harm they are causing homeowners. After a year and a half of the Nyergeses, along with their Florida foreclosure defense attorney, fighting this injustice, the foreclosure was finally stopped. A Collier County judge then ruled that Bank of America owed the couple $2,534 in legal fees. Even after legally being ordered to pay these fees to the Nyergeses, after five months, they still had not done so.


These people stood up for their rights and forced the bank to face consequences for their actions…..they showed up at their local branch office with their attorney, several deputies and a moving truck in an attempt to seize the bank’s assets in lieu of being paid the legal fees owed to them. As daunting as it probably was for the bank manager to have deputies and an attorney demanding office furniture and cash in drawers, it was not as intimidating as it is for a bank to demand mortgage payments without even listening to possible extenuating circumstances as to why the payments have not been made. Finally, after about an hour the bank cut a check in order to satisfy the debt owed to the Nyergeses.

Bank of America has explained that the delay in issuing the check was caused by the original request going to an outside attorney who is no longer in business.

In a related experience, Bank of America had approved Nicole DePuy’s trial loan modification. Despite paying the agreed-upon amount and being told her home was safe, Ms. DePuy’s home was still sold at auction Bank of America’s lawyer now says he is working on buying Ms. DePuy’s home back.

Ms. Laqurdia Tatum has a similar story to share. After receiving a letter in the mail notifying her that she had been approved by Bank of America for a trial loan modification, she actually phoned Bank of America in order to be assured that the letter was not a scam. After speaking with a bank employee, she was told that it was indeed a letter from Bank of America approving the trial loan modification. Ms. Tatum then sent her payment to Bank of America, they cashed the check and supposedly applied it to the new loan. Ms. Tatum then made another phone call to the bank in order to have her home taken off the auction block.

To add insult to injury, after returning from Ft. Bragg in order to visit her son prRatsior to his being deployed to Afghanistan, she opened her mail and found that Bank of America had sold her home! Luckily, Bank of America was forced to give her home back.

One situation could possibly be blamed on a lack of communication and be given the benefit of the doubt. Two and three times (that we know about) are completely unacceptable, inexcusable and uncaring. “For every rat you see, you can be sure there are thousands that you do not see.”

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