Warren Nyerges and his wife, Maureen, have done something that many other Floridians only dream about: not only did they sue a national bank for wrongdoing and win, they actually walked into the bank’s lobby and executed on their judgment. Just imagine how that must have felt: pulling open those glass doors with your dolly, waiving your court order in the air. Congratulations to Mr. and Mrs. Nyerges, who are becoming local folk heroes here in South Florida, and maybe even across the entire country.
Bank of America Wears the Blackest of Black Hats: Foreclosing on a Home With No Mortgage
Warren and Maureen Nyerges were savvy investors living in Cleveland, Ohio, a couple of years ago when they studied the Florida real estate market and decided that it would a smart move for them to buy a foreclosed property here in South Florida. So they did.
Putting $165,000 on the table, the couple bought a 2,700 square foot home in Naples, Florida, from seller Bank of America in 2009. Done deal. It was all over but the decorating, or so they thought.
One year later, the Nyerges were shocked to get a foreclosure notice in the mail from Bank of America. Four months after that, here came the processor serving them with foreclosure papers. So the Nyerges sued the bank. And won.
Not only did the Nyerges win, they also got a court order that mandated that Bank of America had to reimburse the Nyerges for the money that had had to pay their attorney to fight the thing.
Surprise, surprise: Bank of America did not pay up. Four months passed without the bank making good. So, the Nyerges asked their foreclosure defense lawyer what they should do, and they got a sweet answer — collect under Florida law just like any other outstanding and unpaid judgment.
So last Friday, Warren and Maureen Nyerges marched into the lobby of the closest Bank of America branch, on Davis Boulevard in Naples, along with their lawyer and two sheriff’s deputies — and a couple of moving company guys. They started pointing out furniture, computers, and even the cash drawers, and the movers started picking the stuff up to haul it out to the truck.
Suddenly, the Nyerges had a check in their hands — covering the judgement plus other fees (presumably, the movers’ costs and other collection expenses). Well, theoretically in their hands: the Sheriff’s Office must follow procedure, and it may take a couple of weeks to get the funds to the Nyerges (in other words, the Sheriff will make sure that check doesn’t bounce).
For every foreclosure defense law firm in this state, as well as every homeowner fighting against foreclosure, this is a great story. Congratulations, Mr. and Mrs. Nyerges!