It was a scene that made homeowners dealing with the foreclosure process everywhere smile; homeowners and their attorney marching into a Bank of America branch with two sheriff’s deputies and a moving truck waiting to take their office furniture if they didn’t pay up.
It happened recently in Naples because Bank of America tried to foreclose on a house that didn’t have a mortgage and was bought with cash, according to the Naples Daily News.
As bizarre as it sounds, it’s not surprising that a bank would try to foreclosure on a property that wasn’t secured with a loan Miami Foreclosure Lawyers have seen time and time again where banks and lenders file inaccurate paperwork in their efforts to foreclose on properties. It’s why fighting a foreclosure in Fort Lauderdale can be easier because of all the bank errors.
In the case of the couple in Collier County, they bought a single-story, 2,700-square-foot home owned by the bank in 2009. They paid cash. But in 2010, Bank of America filed a foreclosure complaint against them, alleging they defaulted on a loan.
Because there was no loan in the first place and the house was bought with cash, the homeowners fought it and got a judge to drop the lawsuit and sign an order granting attorneys’ fees. But after five months of unreturned phone calls by the bank and its attorneys, the couple obtained a writ of execution, which gave the couple permission to seize assets to satisfy the judgment.
With deputies and a moving truck prepared to take office furniture and other valuables from a local Bank of America branch, the branch manager finally relented and cut a check for the attorneys’ fees, the movers and the deputies.
This is just another example of banks trying to pull one over on a homeowner and, in this case, a homeowner who had no obligation to the bank in the first place! If Bank of America files false documents in such an egregious way in this case, what do you think they do in the hundreds of thousands of everyday foreclosure cases?
This is why Miami Foreclosure Attorneys take our jobs so seriously. Financial institutions and lenders have made many mistakes on filing false documentation and “robo-signing” documents in foreclosure cases across the country. It has been well documented that they have filed documents with the court alleging homeowners owe more than they do on a house, documents that were said to be signed by people who never saw them and paperwork that was signed by people who said it was accurate when it was not.
All of these errors give homeowners a leg up in the battle to save their properties from foreclosure. The banks would love to steamroll their way through the process, but hiring an aggressive foreclosure attorney in Miami can help you spot these errors and stop the fraud.
If you are fighting foreclosure in Miami or the surrounding areas, contact Jacobs Keeley for a confidential appointment to discuss your rights. Call (305) 358-7991.