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South Florida couple forecloses on a Naples, Florida bank
after it tried to foreclose on their home. The problem? Warren and
Maureen Nyergers, the owners of the Collier County home, bought
the $165,000 residence for cash in 2009. They have no mortgage
for any bank to foreclose on.

In 2009 retired Bay Village, Ohio police sergeant Warren Nyergers and his wife Maureen bought a retirement home in Naples, Florida. Using the proceeds they received from selling their home in Ohio, they paid cash for their Florida dream home. They didn't realize that within two years their dream retirement was going to become the nightmare on Elm Street. Bank of America foreclosed on their home because, the bank claimed in their court filing, the Nyergers were not making their mortgage payments. When Bank of America in North Carolina filed to seize their property, the Nyergers counter-sued to stop the foreclosure because they paid cash for the house and never had a mortgage with Bank of America—or anyone else.

It is unclear why Bank of America believed the Nyergers owed them money when there was never a mortgage contract between them. The home was owned by Bank of America so there was not another seller involved. It is unclear why Bank of America refused to accept the evidence submitted by the Nyergers that proved they paid cash for their home when Bank of America should have had the same papers.

Two months after they filed for seizure, Bank of America simply withdrew their claim and told the Nyergers the case file was closed. Forget that the Florida couple had already spent money to fight the seizure of their property. The Nyergers sued the bank. A Collier County court awarded them $2,534.00. After five months, Bank of America still refused to pay the judgment.

The Nyergers' attorney, Naples lawyer Todd Allen went back to court—and filed to foreclose on Bank of America, seizing their assets. He won his seizure. On June 3 two burley Collier County Sheriff's Deputies and a large moving van pulled up to the Naples, Florida branch of Bank of America. The deputies locked the bank's employees out of the building and instructed the bank manager to write a check or be prepared to see his office cleaned out. After about an hour, a very nervous and visibly stressed manager handed the sheriff's deputies the $2,534.00 check. He was the first mortgage bank manager foreclosed on by a homeowner. Let's hope he won't be the last.

 

Just Say No
Copyright 2009 Jon Christian Ryter.
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