Sweet Justice for Improper Foreclosure Victims

[Sal Adinolfi]

I really wish I was doing this.......



A Collier County couple turns the tables on Bank of America, the bank that tried to foreclose on their home. Now, the family is foreclosing on the bank! Even bringing trucks and deputies ready to seize property.



The foreclosure nightmare started when Warren and Maureen Nyerges paid cash for a home owned by Bank of American in the Golden Gate Estates. They never had a mortgage whatsoever. But, the bank fouled it up and wound up issuing a foreclosure through their attorney.



The couple took their case to court and after a year and a half nightmare the foreclosure was dropped. A Collier County judge said Bank of America has to pay the couples $2,534 legal fees for the error. After more than five months the bank still hadnt paid up. So, the homeowners attorney did just what the bank would do to get their money, legally seize their assets.



I instructed the deputy to go in and take desks, computers, copiers, filing cabinets, including cash in the drawers, Attorney Todd Allen told WINK News.



Outside the Bank of America on Davis Boulevard, several deputies stood by with movers ready to start hauling out the banks office supplies and furniture.

 

[Thomas Rogers]

I love this.



All too often companies (banks, etc) get so large that they feel they don't need to follow-through with things in a timely manner. Getting a due refund, or an award settlement, or even good customer service has become something so many companies seem to not want to be bothered with.



There was a time where one's word and doing the "right thing" in a "timely manner" was what we expected from people and from companies (and banks). Essentially these things are simply signs of respect.



Somewhere along the way, many within our country have forgotten the basics of respect. Respect isn't something someone earns. Respect isn't something that you give to get. Respect isn't a marketing slogan, and respect shouldn't be a differentiator.



Respect should simply always be there...always given, always expected.



TJR

 

[Kevin Lang]

Is it Bank of America, the behemoth company that has to pay the $2,534, or is it specifically the Bank of America branch on Davis Boulevard which is mandated to pay.



There's a big difference. If it's the company which is charged with paying, then attacking the local branch is incredibly lazy (target of opportunity), myopic, and despicable. Not to mention illegal, or at least it should be.



Regardless, this is legally sanctioned bank robbery, there's no other way to honestly portray it.



Even if these people via their thuggery manage to obtain goods equal to $2,534 dollars, they will still have exacted a greater financial penalty on Bank of America (lost revenue due to business disruption, loss of credibility, etc). BoA has grounds to sue the family for that extra & unsanctioned loss. (Assuming that they can't take this legal thuggery to court)



What would have happened if the BoA branch had resisted? Would actual violence have been employed?

 

[Richard L]

I agree 100%. Banks and many other large corporations trample on peoples rights and think they are above the law. I especially hate companies who have all these computerized procedures that they claim will not allow them to do what you request. I have turned the tables on a few companies in the past.



About 10 years ago we started receiving packets of receipe cards in the mails. Neither I or my wife ordered them or knew anything about this company. After about 6 months we got a bill from the company...I ignored it. A few months later we got a more demanding letter stating that their computer records indicated that they had sent us these receipe cards and that they expected prompt payment.



I sent them a letter back stating that our computer records do not show them as a registered vendor, and to secure payment they would have to provide our PO number that was used to place this order or we could not process their payment request. Also, Receipt of any items shipped without a valid PO number cannot be verified on our system and payment will be denied.



Never heard from them again, even though we received a few more packets of receipe cards? :grin:



...Rich

 

[LaRue Medlin]

Dang Richard,,, you're good!:grin::grin:

 

[Kevin Lang]

About 10 years ago we started receiving packets of receipe cards in the mails. Neither I or my wife ordered them or knew anything about this company. After about 6 months we got a bill from the company...I ignored it. A few months later we got a more demanding letter stating that their computer records indicated that they had sent us these receipe cards and that they expected prompt payment.

I'm certain that dunning for receipt of unsolicited mailings is illegal. Anything sent to you truly unsolicited is a gift, but I'm sure we all already knew that.



I'd bet that it wasn't your "turning the tables" that caused the company to back off, but rather that you resisted their duns, and since they were illegal to begin with, they couldn't push the issue without significant risk.

 

[Richard L]

KL,

I agree that unsoliticited mailings are condsidered a gift, and you have no obligation to pay or to return the items.



My point was that one letter stopped all the dunning letters. Whether they thought they had mailed to a corporation, or an idividual does not matter.



I feel that had I replyed as an individual there would have been other follow up letters demanding payment. That could have dragged on for months or longer. By immediately asking them for a P.O. number at least made them think they may have F'd up. That strategy appeared to have worked. It does not make a rat's-ass to me what they though, but they immediately stopped requesting payment and that was my original intent.



KL, it appears to me that you want to take issue with anything I post or say on this website?....If that is the case, then it sounds like you need to get a life....or maybe you just need to go potty. :grin: :boohoo:



...Rich

 

[Kevin Lang]

fftopic:

KL, it appears to me that you want to take issue with anything I post or say on this website?

Only when it is just plain wrong, and you insist that it isn't.



Classics include you having a mini-tirade about an airport that closed decades ago (Much to your surprise), and insisting that American Military constituted the vast majority of foreigners in Japan simply because you went there and saw a lot of military personnel. "Gee, a lot of people on MyST drive sport trac's, everyone must drive a ST":banghead:



It seems that those criterion are met more frequently these days, however I clearly do not take issue with everything you say, as we've been in agreement on MPG pretty much constantly. Another example would be shipping.



On politics we've disagreed, and will probably continue to (especially given our responses to this article), but I believe I've listed all of the major times I've "take[n] issue" with anything you've posted or said (what's the difference?) on this website.



In this post, you're just deluding yourself with your own "grandeur". Shoot, did you even check if their illegal dun was credible before responding? Obviously not, as you believe that they were "fooled" into thinking you were a corporation. (As if that would matter). Anyone whose dunning would be stopped by a petty lie was clearly trying claim your money without basis. You wasted time and effort against a baseless claim.



As for the ad hominem attacks, well, I suppose those are just a euphemism for concession. :bwahaha:



:back2topic:

 

[Sal Adinolfi]

Keep in mind. the people that won the dicission did not take the stuff form BoA. the Deputies did until such payment would be made to the people for the settlement. r the Items seized would be sold for the payment.



just as I am sure that the people that had thier house siezed for forclosure when they didnt have a morgage,,



I once had to to the town hall to straighten out taxes,

being military I could be late filing for taxes when deployed, for my cars.

when all was finished they told me I had to pay the late fees for something I didnt owe..



so I told the office manager he owed me $10,000.. plus intrest,,

he said I do not owe you that..

I said ok. then you just have to pay the penelties and intrest..

he said how do you figure that.

I said now you understand mypoint.

 

[Richard L]

KL,

Classics include you having a mini-tirade about an airport that closed decades ago (Much to your surprise), and insisting that American Military constituted the vast majority of foreigners in Japan simply because you went there and saw a lot of military personnel.

I certainly never went into any kind of tirade about Rhein-Main Air Base closing? I explained that the airport had a military and a civilian airport and the news never reported which side of the airport where the terroist attack occured? Nelson clarified that the US Air Force side of the airport had closed, and I did not know that, but certainly I did not argue with him nor go into any kind of mini-tirade??? I even made a joke to Nelson about the fact that they closed the Air Base without telling me..:grin: It appears that was more of an issue with you than anyone else.



As for the the foreigners in Japan...You simply got it all wrong, again, ..as usual !! I never said that the American Military was the majority of the foreigners in Japan...I said that the American Military was responsible for most of the violent crime in Japan and that in some areas of Japan there are higher concentrations of American military than any other group of foreigners. I also backed that up with an article and links to numerous protests by the Japanese for the many violent crimes comitted by US Military personnel including the gang raping of a 12 year old girl on Okinawa (one of those areas that has a much higher US Military population than anyother foreign population).



It's obvious that you don't know what you are talking about, and you are putting your own twist on things that I said, and that is making you look foolish. Whenever you are shown to be wrong, you never reply to that issue, you simply want to bitch about something else.



When I am proven wrong I will admit it, and I have done so on numerous occassion here. You simply saying I'm wrong is not sufficient. You are doing exactly what you are accusing me of doing, but you are not man enough to admit when you are wrong.

In this post, you're just deluding yourself with your own "grandeur". Shoot, did you even check if their illegal dun was credible before responding? Obviously not, as you believe that they were "fooled" into thinking you were a corporation. (As if that would matter). Anyone whose dunning would be stopped by a petty lie was clearly trying claim your money without basis.

What grandeur?? I simply explained how I wrote a letter which stopped dunning letters. As for checking their credibitly??? I did...Neither I or my wife ordered the cards, so it was obvious that they had no credibility. If you want to think that the company simply realized they made a mistake and backed off doesn't matter...I don't really care what you think. I prefer to think that my letter discouraged them from pursuing the issue.



Also, there were no petty lies in my letter. I own the LeverLift Company, and I purchased parts from Vendors and used PO's for my orders. My computer still contains a database of my Vendors, PO's and Customer Orders. So again, you don't know what you are talking about. You are just making baseless accusations for the sake of wanting to argue!

You wasted time and effort against a baseless claim

So, just how did I waste my time against a baseless claim? (and why do you care?) I wrote one letter that ended the issue. I could have just let them continue to send me letters demanding payment ... The longer this went on the more chances that things could have gotten more complicated and I would have used up more of my time trying to get the issue resolved



Anyway, LaRue liked it :grin: and it appears that you are the only one who didn't? Too bad. :cry:



Like I said before: Maybe you need to get a life of your own, and stop worrying about mine...Or maybe you just need to go potty :cheeky:



...Rich

 

[Thomas Rogers]

Can't we all just get along?

 

[Richard L]

Can't we all just get along?

Is that you Rodney? :grin: