Bank of America wrongly foreclosed Florida couple's home. They got a court order to seize the bank's assets
'If the bank had taken 15 minutes to review their records on the property, they would have seen the details of the transaction.'
Bank of America foreclosed on a Floridian couple's house 15 years ago, despite them having no mortgage claims on it. Warren and Maureen Nyerges' Golden Estate in Naples was mistakenly foreclosed on by the local bank, which left the Floridian homeowners surprised, as they had no pending monetary obligations with the bank, especially since they had paid for their estate in all cash in 2009. They made several attempts to resolve the issue with the bank, but there was no response, reports ABC News. After getting a lawyer, the Nyerges did the only thing they could do — attempt to foreclose on the local BoA branch.
Warren reached out to several branch managers and anyone who would listen. "I wrote a certified letter to the [bank] president. No response, nothing," Warren said. Reaching a dead end, Warren sought out Todd Allen, an attorney from Conrad Willkomm, P.A., to represent him. Two months later, the foreclosure was removed. As for the attorney's expenses, Warren asked the bank to pay for them, and the court agreed.
Five months later, after several calls and letters to the local BoA, the payment was still pending. Warren went back to court, asked for a writ of execution, which would give him the power to seize the bank's assets as a form of payment, and got it court-approved. On June 3, 2011, Warren went to the bank along with two sheriff's deputies and a moving truck. The deputies told the bank manager to pay Warren his $2,500, or they would start loading the bank's furniture and money onto the truck. After discussing with his superiors, the bank gave the deputies a check. However, they misspelled Warren's name.
Allen was not happy with the way things were handled. He said, "Bank of America never apologized for having tried to foreclose, only for not paying the money in time." He also explained how the local BoA branch fumbled and accidentally foreclosed on the Nyerges' house. The previous owner had not paid the loan, and the bank took back the house, thinking it was the same owner. Allen said, "My clients purchased the property directly from Bank of America. If they [the bank] had taken 15 minutes to review their records on the property, they would have seen the details of the transaction."
Data from ATTOM revealed that foreclosure activity in 2025 increased by 14% from the previous year. Rob Barber, the CEO of ATTOM, said in a statement, "Foreclosure activity increased in 2025, reflecting a continued normalization of the housing market following several years of historically low levels." Texas is the top state with the highest number of foreclosures (37,215) in 2025, followed by Florida (34,336), California (29,777), Illinois (15,010), and New York (13,664).
Jumana Bauwens, the spokesperson of the BoA, apologized for the bank's mistake. She also clarified that they had paid what they owed Warren, "Basically, we're truly sorry for the series of unfortunate circumstances that Mr. Nyerges experienced. He received a judgment — and rightly so. On Friday, that judgment was paid."
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