Homeowners take BofA to court over attempted wrongful foreclosure and win
This is a funny-sad story of just how incompetent the banks can be.
Bank of America filed foreclosure papers on homeowners who did not have a loan on their home – they paid cash when they purchased it.
A Collier County Judge agreed that the couple did not owe the bank anything on the house. After the hearing, Bank of America was ordered, by the court to pay the legal fees of the homeowners’, Maurenn Nyergers and her husband.
The Judge said the bank wrongfully tried to foreclose on the Nyergers’ house.
So, how did it end up with the bank being foreclosed on?
After more than 5 months of the judge’s ruling, the bank still hadn’t paid the legal fees, and the homeowner’s attorney did exactly what the bank tried to do to the homeowners. He seized the bank’s assets.
“They’ve ignored our calls, ignored our letters, legally this is the next step to get my clients compensated, ” attorney Todd Allen told CBS.
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.
“As a foreclosure defense attorney this is sweet justice” says Allen.
Allen says this is something that he sees often in court, banks making errors because they didn’t investigate the foreclosure and it becomes a lengthy and expensive battle for the homeowner.
How to use the laws and the courts to fight your lender in your state
Don’t let your ‘pretender lender’ get away with jerking you around for loan modification approval or wrongful foreclosure. Fight back like this couple did.
You must sue your lender to prove to the court they do not have legal standing as the real party of interest. They are not the true and beneficial holder in due course.
You must present evidence in the form of a securitization audit. With your evidence in hand, you can motion the court to take mandatory judicial notice of the Massachusetts Supreme Court ruling in US Bank v Ibenez.
Tell the judge, that in this ruling, it was decided that there must be a perfection of chain of title and that blank assignments are not acceptable. The securitization audit you are presenting to the court proves no such perfection of chain of title exists. You want the court to dismiss the foreclosure sale (if this is pending) and you want the court to wipeout your mortgage.
You can sue the court ‘pro se’ without an attorney or you can, of course, hire an attorney that ‘gets what’s going on’ (not all do). There are multiple sources of low-cost legal help you can use as explained in my free report. I would also recommend a low-cost coaching resource that gives you step-by-step instructions on how to fight back using the laws and the courts.
This proven and effective resource has been established by a homeowner who was in the same position as you are facing now. He learned how to fight back against his PRETENDER LENDER and won.
He decided to share his knowledge and put together a Foreclosure Defense Coaching Course that walks you through, step-by-step, the legal process I outlined above, along with the forms you need to start the process.
For more information on the coaching program (including a short video on stopping foreclosure) from the author and expert himself click the button below.
P.S. Vince is not a lawyer, he is a homeowner just like you. So he and his course cannot give you legal advise, only legal education.
You are still advised to use an attorney to answer any legal questions and provide legal advice. These legal resources are explained in my free report and listed in the section Tools To Fight Your Lender.