Tuesday, June 7, 2011

Sweet Justice

by Pa Rock
Citizen Journalist

Bank of America, a multi-national corporation with neither soul nor conscience, took homeowners Warren and Maureen Nyengers to court in February of 2010 trying to evict the couple from their home in Naples, Florida - a home which they had purchased for cash.


Two months later the monster bank quietly dropped their deeply flawed case.  But before the case was dismissed, the Nyengers hired the services of Todd Allen, a local attorney who specializes in foreclosure defense. The judge in the case reasoned (rightly) that since Bank of America was wrong from the git-go, it should pay the legal bill of Mr. Allen.

But sometimes multi-national corporations don't get too concerned about the vagaries of some local judge, and Bank of America chose to ignore Mr. Allen's request for payment in the amount of $2,534.  That is, the big bank chose to ignore a legitimate order of the Court until Mr. Allen showed up at the local BOA branch office with sheriff's deputies and movers to lay claim to the contents of the facility.  The lawyer gave instructions to remove desks, computers, copiers, filing cabinets, and any cash in the teller's drawers.

The News-Press in Fort Myers, Florida, reported that "...after about an hour of being locked out of the bank, the bank manager handed the attorney a check for the legal fees."

Kudos to you, Barrister Allen.  Since you are located on the Gulf of Mexico anyway, have you thought about representing some of the poor folks down there whose lives were wrecked by the oil spill?   I would be interested to see the value that BP places on one of its gas stations.


Xobekim said...

Oh! The joys of a Writ of Attachment!

Don said...

Well done. Those bastards at B of A specialize in using Florida's "rocket dockets," where banks submit fraudulent depositions to a judge claiming they "own" the mortgage in question. What usually happens is that the judge takes their word for it when in fact the mortgage is usually one that has been sliced and diced as part of the 2007-8 runup to the current recession.
Recently, some Jacksonville attorneys have banded together to represent those who are being foreclosed and forcing them to actually "prove" they own the mortgage.
In almost every case, B of A can't produce the paperwork and the foreclosure is halted.
B of A has been doing this for at least three years now because they can't get the toxic mortgages off their books until they sell it and they can't sell it until they can prove ownership.