In recent litigation, a Bank of America official, Renee Hertzler, admitted that she signed an average of 8,000 foreclosure documents every month and typically would never read them. We are currently seeing a troubling pattern of banks wrongfully evicting homeowners without proper documentation supporting the foreclosure.The average homeowner doesn’t understand the process, doesn’t know what proof the bank should produce, and can easily get rolled over by a powerful company like Bank of America. The video above is a wrongful foreclosure with an ironic happy ending.
Five months ago Bank of America filed for foreclosure on a Florida couple that owned their home outright. Although this couple had purchased the home from Bank of America in cash, the bank still mistakenly sought to evict the couple through the foreclosure process. As often happens to plaintiffs that file completely frivolous cases, the Judge ordered Bank of America to pay the couples’ legal fees after the case was dismissed.
When Bank of America refused to pay the judgment for attorney’s fees, the bank learned what it felt like first hand to get foreclosed on. The couple’s attorney, Todd Allen, showed up at the bank with a moving truck and ordered Sheriff’s deputies to seize furniture, computers, and even the money in the drawer. “They’ve ignored our calls, ignored our letters, legally this is the next step to get my clients compensated, ” attorney Allen told reporters. Within an hour, the bank manager handed over a check covering the attorney’s fees. This Georgia lawyer hopes the bank will learn from this experience and be more careful when filing foreclosures next time, but somehow I doubt it.