A local Bank of America branch faced an interest conundrum last week: write a check for $2,534 in attorney's fees for a wrongful foreclosure they filed last year or have the furniture in the branch removed and sold at auction to satisfy the debt. The decision stemmed from a foreclosure the bank filed in 2010 against a Collier County couple. The bank alleged that the couple had fallen behind on their mortgage payments and began foreclosure proceedings; but there was a problem, the couple paid cash for the home they bought in 2009!
The case, filed by notorious foreclosure mills the Law Offices of David J. Stern, was dropped two months after it was filed, but the judge entered an order requiring Bank of America to pay the homeowners' attorney's fees. Multiple attempts to get the bank to pay the debt went unacknowledged, so the homeowners' attorney obtained a writ of enforcement, which gave permission to seize Bank of America's assets to satisfy the debt obligation. After an hour of negotiations, the local Bank of America manager wrote a check to satisfy the debt, rather than have the furniture of his branch seized.
While these stories are rare, these apparently are the types of actions that get the banks' attention. If you are facing a Florida Foreclosure Lawsuit, contact a Jacksonville Foreclosure Defense Lawyer or a Florida Foreclosure Defense Lawyer today to see what foreclosure defense options may be available to you.
