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Florida homeowners foreclose on Bank of America

On Behalf of | Jun 7, 2011 | Firm News, Loan Modification vs. Bankruptcy

In the day-to-day world of foreclosure actions, banks initiate legal proceedings to collect on outstanding mortgage debts owed by homeowners. That was not the case in a recent foreclosure action that was initiated by a Florida couple – against Bank of America.

The unique case began when Bank of America attempted to foreclosure on the Florida couple’s home. There was just one problem: the couple’s home was paid off. According to reports, the couple had paid cash for the property and never had a mortgage with Bank of America. Therefore, there was no basis for a foreclosure action on the part of Bank of America against the couple.

But Bank of America didn’t give up that easily. The couple endured a trial to prove that they rightfully owned the property and owed the bank nothing. In the end, the couple was able to prove that Bank of America had made a mistake. Unfortunately, they had incurred substantial legal bills while fighting to protect their property.

The judge who heard the case between the bank and the Florida couple ordered Bank of America to compensate the homeowners for the legal fees and court. When several months reportedly went by without the couple hearing a word or receiving a dime from Bank of America, the Florida couple’s attorney filed a foreclosure action against the bank.

Authorities showed up at a local bank branch, pad locked the door and began packing up desks, computers, copiers and cash. After an hour of being locked out of the bank, the Bank of America branch manager handed over a check for the amount that was owed to the couple.

The couple’s defense attorney reportedly commented that the case ended with “sweet justice.”


CBS News: “Bank of America Gets Pad Locked After Homeowner Forecloses On It,” Kelly Hefernan-Tabor, 5 Jun. 2011

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