How To Foreclose On A Bank

Patrick Rodgers, the Philly Vampire who foreclosed on a Wells Fargo Bank branch, has started a revolution against the banksters, it seems. Ann Carrns reports for the New York Times:

Now, a couple in Naples, Fla., have “foreclosed” on a Bank of America branch after the bank managed to foreclose on their home — even though they never had a mortgage on it. According to reports in The Naples News, Time and elsewhere, Warren Nyerges and his wife paid $165,000 in cash to buy the house from the bank, and never borrowed against it. But last February, in an apparent case of mistaken home identity, the bank began foreclosure proceedings against them.

The couple hired a lawyer and the bank action was eventually abandoned, but the couple then went to court and got a judgment for about $2,500 in attorney’s fees. When the bank didn’t pay, their lawyer, Todd Allen, showed up at a local bank branch last week with sheriff’s deputies and a moving truck to begin cleaning out the building. Not long after, the bank paid them more than $5,700, to cover the fees and additional costs. In a statement to The Naples News, the bank apologized and said the letters had gone to a local lawyer whose office had gone out of business…

[continues in the New York Times]

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  • Grooveboss

    yeah the whole couple doing is not relevant, it was a computer error or human error. I want the people that the bank is attacking for real to be able to do something.

  • Grooveboss

    yeah the whole couple doing is not relevant, it was a computer error or human error. I want the people that the bank is attacking for real to be able to do something.

    • quartz99

      No, it’s unlikely that it’s a computer or human error. BoA is under investigation for foreclosure fraud (along with a number of other banks, but esp. BoA). They can’t document a startlingly high percentage of their mortgages because they’ve passed through so many hands during the derivatives bubble, so they just make up the documentation. A lot of the paperwork is “signed” with the rubber-stamp name of people who don’t even exist. And they can get away with it because there’s a special mortgage court (which as I recall there was a story on here last fall about) where half the time the homeowners aren’t even properly served notice about the proceedings and very few of the homeowners are granted time to make a legal defense. Judgements are handed down against the homeowner by people who are not always currently sitting judges (many are retired judges) based strictly on the bank’s lawyer saying “Yep, we got paperwork and they didn’t pay” without having to provide verified proof of either. These are not the first people who don’t even have a mortgage, or who don’t have a mortgage with BoA, who have been foreclosed on by BoA.

  • Anonymous

    Always good to hear that it’s possible to push back against businesses that refuse to admit wrong doing and then attempt to skirt the law and avoid judgement.

  • SF2K01

    Always good to hear that it’s possible to push back against businesses that refuse to admit wrong doing and then attempt to skirt the law and avoid judgement.

  • Anonymous

    No, it’s unlikely that it’s a computer or human error. BoA is under investigation for foreclosure fraud (along with a number of other banks, but esp. BoA). They can’t document a startlingly high percentage of their mortgages because they’ve passed through so many hands during the derivatives bubble, so they just make up the documentation. A lot of the paperwork is “signed” with the rubber-stamp name of people who don’t even exist. And they can get away with it because there’s a special mortgage court (which as I recall there was a story on here last fall about) where half the time the homeowners aren’t even properly served notice about the proceedings and very few of the homeowners are granted time to make a legal defense. Judgements are handed down against the homeowner by people who are not always currently sitting judges (many are retired judges) based strictly on the bank’s lawyer saying “Yep, we got paperwork and they didn’t pay” without having to provide verified proof of either. These are not the first people who don’t even have a mortgage, or who don’t have a mortgage with BoA, who have been foreclosed on by BoA.

  • razzlebathbone

    B-b-but, government is the problem! We can’t have the government foreclosing on those poor defenseless banks! Who will protect the free market from this heinous intrusion against the rights of business to rip everyone off?

  • Anonymous

    B-b-but, government is the problem! We can’t have the government foreclosing on those poor defenseless banks! Who will protect the free market from this heinous intrusion against the rights of business to rip everyone off?

  • http://www.facebook.com/people/Jeffrey-Huntington/659114590 Jeffrey Huntington

    I imagine this is well worth seeing but the sound levels are not adequate for listening.

    • Pointless

      Whambulance summoned.

  • http://www.facebook.com/people/Jeffrey-Huntington/659114590 Jeffrey Huntington

    I imagine this is well worth seeing but the sound levels are not adequate for listening.

  • Pointless

    Whambulance summoned.

  • protect the people

    why didn’t they just take straight cash ? you know the bank has at least 2500 in cash available , so why take copiers staplers fax machines ? it just doesn’t make sense 

    message to lawyer in-fact 

  • protect the people

    why didn’t they just take straight cash ? you know the bank has at least 2500 in cash available , so why take copiers staplers fax machines ? it just doesn’t make sense 

    message to lawyer in-fact 

  • http://foreclosureattorneysnow.org/ Foreclosure Attorney

    This is a very serious consideration, since it will have financial ramifications for years to come if allowed to happen

  • randy

    the banks  are robbing use all ,why because they know  we  all need them ,they  are charging us with all these hidden fee’s and  they are getting away with  it ,stick and tired of this …………

  • randy

    the banks  are robbing use all ,why because they know  we  all need them ,they  are charging us with all these hidden fee’s and  they are getting away with  it ,stick and tired of this …………

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