Turning the Tables
Every now and then I read a story about a bank error and, by fighting back, the consumer turns the table and ends up on top. The story I read recently in the Naples Daily News was about a Florida couple who purchased a home from a foreclosure sale but later the home they purchased was again being foreclosed against – though there was no basis for the foreclosure.
The wrongful foreclosure action was filed by Bank of America and its attorneys at the now infamous and defunct Law Offices of David J. Stern. After hiring an attorney to represent them, the consumers fought back and showed the foreclosure action was improper and the judge dismissed the case…but not before awarding the consumers $2,500 for their attorney’s fees – which is where the story gets interesting.
After months of demands and Bank of America failing to pay, the consumers went back to court and obtained a writ of execution against Bank of America allowing them to seize Bank of America’s assets to the extent necessary to satisfy the award. Shortly after receiving the writ, the consumers went to a local Bank of America branch with a moving truck and deputies and informed Bank of America they were there to seize furniture or receive payment. Naturally, Bank of America quickly paid the amount to prevent asset seizure.
While the facts leading to the foreclosure are not typical in this case, there are many foreclosure actions being dismissed with the consumer debtor being awarded prevailing party attorney’s fees. If those fees are not promptly paid, this case shows a great example of how quickly the consumer debtor can turn the tables.
This Blog was written by Attorney David Fineman, Esq. of The Dellutri Law Group, P.A. Mr. Fineman practices Bankruptcy Law, Fair Credit Reporting Act Law, Fair Debt Collection Practices Act Law and in other areas of Consumer Law.
