Naples, Florida, Bank of America manager Erich Fahrner faced an unusual demand recently:  pay up or watch the bank's furniture be hauled off for sale at public auction.
 
Accompanied by two Collier County sheriff's deputies, attorney Todd Allen presented a court order to Fahrner in a wrongful foreclosure lawsuit filed by his clients Warren and Maureen Nyerges.  According to court documents, the Nyerges purchased their home in 2009 for $165,000 cash, no mortgage.  Somehow Bank of America was convinced they had a mortgage and were behind in their payments and filed for foreclosure.  The bank voluntarily dropped the case two months later after realizing its error, but failed to reimburse the Nyerges for Allen's legal fees, despite an order issued by the court.
 
After numerous attempts to contact the bank and its attorney were unsuccessful, Allen obtained a writ of enforcement to seize the assets of the bank.  "I'm leaving the building with either cash, a check or a whole lot of furniture," attorney Todd Allen said as he entered the bank, leaving a moving crew waiting outside.  After an hour of talks, Allen left with a check for $2,534.
 
"How embarrassing is that?" Fort Myers-based foreclosure defense attorney Kevin Jursinski said with a chuckle.  "Clearly they legally should have paid it off.  It seems like an oversight of BOA or whoever was representing them."
 
"We apologize to Mr. Nyerges that there was a delay in receiving the funds," said Christine Toth, Southeast media relations manager for the bank.  "The original request went to an outside attorney who is no longer in business."
 
—Source:  The Washington Post