
A Naples, Florida resident was the latest victim of a Bank of America wrongful foreclosure on his home that he actually bought from Bank of America some four months earlier.
We reported on the news that Warren Nyerges, a retired Cleveland area Ohio police officer bought the house directly from Bank of America in late 2009. Like many banks nationwide, Bank of America owned the house as part of its foreclosed portfolio of houses.
In February 2010, though, the homeowners were served with a notice that Bank of America was foreclosing on the property. What transpired was a long and frustrating battle for Mr. Nyerges with BoA representatives to clear up the problem. According to the news reports from the Naples Daily News and Naples News.com, it appears that his battle with the behemoth bank continues on in court.
It appears that Mr. Nyerges is the victim of a type of wrongful foreclosure that we see often in our practice - namely, a bank sells a bank-owned property directly to a consumer; they have a closing; the bank signs a deed over to the consumer; and, then months later the bank forecloses on the same property because of an error in the bank's record-keeping system!
Hey, mistakes happen...we recognize that. But, it's the conduct of the bank in rectifying the situation after they learn of the mistake that is disturbing. In most instances, no one from the bank cares to do anything quickly! Instead, homeowners get the run around and in extreme instances, the bank actually breaks in and seizes the property from the homeowners! (See what happened to a Michigan couple whom we represent).
As the number of foreclosures increase in Florida and across the country, it stands to reason that the number of wrongful foreclosures and illegal lock-outs is rising. But, Florida homeowners who are victims of Florida wrongful foreclosures have legal rights. Victims of Florida wrongful foreclosures and lockouts who need to learn more about their rights can always request our free report, "Foreclosure Lock-Outs and Trash-Outs: Consumers Have Rights" posted on our Home page. Homeowners with questions can continue to call us directly at 877-892-5620 or fill out and send in a confidential Contact Form.
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