HOME OWNER FORECLOSES ON BANK

THIS IS A REPRINT OF A NEWS ARTICLE. I HAVE ALWAYS WANTED TO HEAR OF SOMETHING LIKE THIS!

By TARA-NICHOLLE NELSON – Mon Jun 6, 4:50 pm ET

In a modern-day evocation of David's slingshot triumph over Goliath, a couple of foreclosed homeowners in Naples, Florida reportedly foreclosed on a Bank of America branch last week, their attorney actually having moving trucks pull up in front of a Naples branch to execute a foreclosure judgment against the bank.

What must have seemed to observers like a scene out of a parallel universe was actually the fair and logical conclusion to a situation which, the court had ruled, had an unfair and illogical start. In 2009, retired police officer Warren Nyerges and his wife, Maureen Collier, paid $165,000 cash for their 2,700 square foot home in the Golden Gate Estates subdivision, and never took a mortgage out on it. So imagine their surprise when, in Februrary of 2010, Bank of America initiated foreclosure proceedings against them. The Nyerges hired an attorney, Todd Allen, to defend them against the wrongful foreclosure, and the Bank eventually abandoned the matter.

But not before the Nyerges incurred $2,534 in attorney's fees, which they requested informally from Bank of America multiple times before resorting to the courts, which ordered the bank to make the couple whole. When B of A still had not paid the judgment after five months of phone calls and letter writing by Allen and the Nyerges to the bank insisting that the court order be obeyed, Allen took the next step in the legal collection process, obtaining an order of foreclosure against the bank.

"They've ignored our calls, ignored our letters, legally this is the next step to get my clients compensated," Allen stated during an interview with CBS News.

Allen then reported to a local branch of the bank with sheriff's deputies, who he instructed to remove cash from the tellers' drawers, furniture, computers and other property. Approximately one hour later, the Naples News reports, the bank manager produced a check for $5,772.88 to satisfy Allen's fees and additional costs.

"We apologize to Mr. Nyerges that there was a delay in receiving the funds," read the bank's written statement to the Naples News. "The original request went to an outside attorney who is no longer in business."

Some might say all's well that ends well in this scenario, seeing as the Nyerges got their home, Allen got his fees and the bank got its come-uppance.

While one or even several of the Nyerges' efforts to get B of A to pay the court judgment might have gone to the defunct lawyer's office, the Nyerges say they actually submitted their pleas directly to the bank, multiple times, to no avail: "I talked to branch managers, I called anyone who would listen to me," the couple told the Naples News. "And I wrote a certified letter to the president (of the bank). No response, nothing." Enough said? We'll see.

SOCIAL SECURITY

Oh, you don’t pay taxes you’re on the dole. What are you talking about? Yes! I get social security. It’s my money, and I want it now (so a boring TV ad keeps reminding),

Where did anyone get the idea that receiving social security is like taking money you don’t deserve. OK, I didn’t pay much taxes or social security in my first five years of work. It was mostly part-time work. I never made enough. But from then on I paid my full share in taxes and social security. And I did it in two countries.

I worked fifteen years in Canada putting in enough quarters to collect retirement there and I have worked 20 years in the good ole’ US of A to collect here. In other words, I paid into social security for 35 years and most of that was the maximum amount and I did it mostly as one who was self employed. I have paid more than my fair share. My accountant (yes, I had an accountant) explained that I would have to live well into my 90’s before I would start getting interest on the money I invested. No matter, I still fight for every penny of my money. I would have had more money had I stuff what they took and placed it under my mattress.

I could have retired in two countries and was hoping I might get a little return from both countries. But noooo… they have a reciprocal arrangement so I can only collect in one place. I chose where I was living thinking it would be easier to collect. I’m not so sure I made the right choice. Is it too late to change? Yes!

I accept taxes as necessary. But I am tired of being threatened with the reduction of essential services every time our state or country faces financial trouble. Why is it that the only place they can think of to cut is law enforcement, military, education, health care, and social security? Etc. No one seems to want to get rid of useless committees studying whether we should repair an essential bridge or wait until it falls. Get real.
The federal government began taking my money years ago to pay for other useless things and now want to take what I have left that should be in their coffers. It was never their money to use on their pet projects in the first place. It was mine for my future. It was my money they promised to invest for my “golden years.” Those years are here. How dare they even think of taking more away while voting raises for themselves because their finances are tight? They should try to live on what I do. But why? They are the only group in the world who get to vote for their own raises.
When my work career began, social security was a retirement plan. Now they tell me it was never intended to be that. If it was not a retirement plan, why could I not have my money to waste or invest as I saw fit? Why did they take it in the first place? Jerks! I certainly never wanted my investment loaned out to more useless and ridiculous government plans. Even at a minimum rate in a bank, I would have done better that their plan of giving it away and hoping the next generation would repay me. Idiots. The government owes me, not my kids.

OK, I’ve calmed down. I’ll let they throw money in the wind and borrow from China because they have no capacity for self-control. But I want you to know I am only allowing this because I cannot stop it. They should be put in a time out until they get it right.