posted June 05, 2011 03:55 PM            

quote:

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Instead of Bank of America foreclosing on some Florida homeowner, the homeowners had sheriff's deputies foreclose on the bank.

It started five months ago when Bank of America filed foreclosure papers on the home of a couple, who didn't owe a dime on their home.

The couple said they paid cash for the house.

The case went to court and the homeowners were able to prove they didn't owe Bank of America anything on the house. In fact, it was proven that the couple never even had a mortgage bill to pay.

We've heard this story a thousand times before, haven't we?

So, how did it end with bank being foreclosed on? After more than 5 months of the judge's ruling, the bank still hadn't paid the legal fees, and the homeowner's attorney did exactly what the bank tried to do to the homeowners. He seized the bank's assets.

"They've ignored our calls, ignored our letters, legally this is the next step to get my clients compensated, " attorney Todd Allen told CBS.

Sheriff's deputies, movers, and the Nyergers' attorney went to the bank and foreclosed on it. The attorney gave instructions to to remove desks, computers, copiers, filing cabinets and any cash in the teller's drawers.

After about an hour of being locked out of the bank, the bank manager handed the attorney a check for the legal fees.

"As a foreclosure defense attorney this is sweet justice" says Allen.

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posted June 06, 2011 11:26 AM            

Lots of foreclosure suits have been filed where the supposed lender did not have the executed note and mortgage in their possession or a lawful assignment of note and mortgage from the original lender.

In those cases, lenders cannot prove they have any lawful financial interest in the property they are attempting to foreclose.

After that case decision, lenders all over America stopped filing residential property foreclosures....at least until they can come up with the documentation showing they are the legal owners of the note and mortgage or have a duly executed assignment from the original lender.

But, lots of people don't know this, didn't know what the courts require...if homeowners question the documentation... and failed to raise the issue in court or on appeal.
http://southfloridalawblog.com/tag/foreclosure-defense/

http://www.zerohedge.com/article/gmac-halts-all-f oreclosures-23-states-heels-florida-judge-finding-jpm-committed-court-fraud-

http://southfloridalawblog.com/tag/lost-note/

http://loanworkout.org/2007/11/deutsche-bank-foreclosures-tossed-o ut-of-ohio-federal-court-they-own-nothing/

“Benson conducted a 90-minute hearing in the Geddes lawsuit in which he intently grilled both sides over various legal questions. But what seemed to sway him was the admission by attorneys for the foreclosing entities that they were not sure who actually owned the couple’s mortgage note.”

http://4closurefraud.org/2011/05 /23/utah-judge-sides-with-homeowners-in-foreclosure-suit-since-bank-of-america-did-not-know-who-owns-the-note/

posted June 06, 2011 09:20 PM            

quote:

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Originally posted by Node:
via WMFY, Greensboro.

[QUOTE]Instead of Bank of America foreclosing on some Florida homeowner, the homeowners had sheriff's deputies foreclose on the bank.

It started five months ago when Bank of America filed foreclosure papers on the home of a couple, who didn't owe a dime on their home.

The couple said they paid cash for the house.

The case went to court and the homeowners were able to prove they didn't owe Bank of America anything on the house. In fact, it was proven that the couple never even had a mortgage bill to pay.

We've heard this story a thousand times before, haven't we?

So, how did it end with bank being foreclosed on? After more than 5 months of the judge's ruling, the bank still hadn't paid the legal fees, and the homeowner's attorney did exactly what the bank tried to do to the homeowners. He seized the bank's assets.

"They've ignored our calls, ignored our letters, legally this is the next step to get my clients compensated, " attorney Todd Allen told CBS.

Sheriff's deputies, movers, and the Nyergers' attorney went to the bank and foreclosed on it. The attorney gave instructions to to remove desks, computers, copiers, filing cabinets and any cash in the teller's drawers.

After about an hour of being locked out of the bank, the bank manager handed the attorney a check for the legal fees.

"As a foreclosure defense attorney this is sweet justice" says Allen.

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Sweet indeed. http://videocafe.crooksandliars.com/scarce/florida-homeowner-forecloses-bank-america [/QUOTE]