How goes the healing deflection, my knelt Archangel?
Tuesday, April 2, 2019
Saturday, February 28, 2015
Bank of America cuts check for Estates couple in mistaken foreclosure case
Bank of America cuts check for Estates couple in mistaken foreclosure case - Naples Daily News
NAPLES — When Bank of America tried to foreclose on Warren and Maureen Nyerges' fully-paid, Golden Gate Estates home last year, it was a mistake.
When the couple's attorney arrived at a Bank of America branch Friday morning with deputies, a moving company and a court writ permitting him to seize furniture and cash to recoup fees in the case, it was a last alternative.
"This could have all been settled for nothing a while ago, but it got completely blown out of proportion," Warren Nyerges, 46, said on Thursday.
In a scene that turns Southwest Florida's foreclosure crisis on its head, Collier Sheriff's deputies delivered the writ to a Davis Boulevard branch of the bank on Friday morning, presenting the bank manager with two options — he could either pay the $2,500 in attorneys fees the Nyergeses were awarded in December, or the movers would begin taking furniture and cash.
An hour later, as reporters and movers waited outside, the bank agreed to cut a check.
"I don't know any other way we could've done this," Nyerges attorney Todd Allen said.
The Daily News reported on Bank of America's mistaken foreclosure attempt in 2010, as Warren Nyerges fought the case in court without an attorney.
The couple, who moved to Naples from Ohio, bought the single-story, 2,700-square-foot home from Bank of America with cash in 2009. A mortgage was never executed in the purchase, either with Bank of America or any other lender.
After he received the foreclosure complaint in 2010, Warren Nyerges fought it on the phones and in court for two months before its dismissal. He then sought the attorneys fees for his trouble, a request granted in a December judgment.
Some five months and repeated phone calls later, neither Bank of America nor its local counsel, the troubled David J. Stern law firm, had paid the judgment or responded to Nyerges. The homeowner said he even tried calling bank CEO Brian Moynihan, to no avail.
"They refused to pay," Nyerges said. "And I tried everything I could, to anyone who would listen to me."
In January they hired Allen, a foreclosure defense attorney. Yet Allen's attempts to get the money also failed to produce a response. Allen said he then sent letters to Bank of America's general counsel, warning the couple he would pursue a levy.
Allen obtained a writ of execution from the court — permission, basically, to seize assets to satisfy a judgment — and he took it to the Sheriff's Office. Warren Nyerges paid a $10,000 bond, and the Sheriff's Office hired movers.
Friday morning, two deputies entered the office and confronted the bank manager. As Allen, Maureen Nyerges and the movers waited outside, the manager called supervisors.
Shortly after 10 a.m., the movers departed and the sheriff's deputies followed. Allen was told the maanger cut a check, although he wasn't immediately told the amount.
A Bank of America spokeswoman apologized to the couple in a statement emailed on Friday afternoon.
"We apologize to Mr. Nyegres that there was a delay in receiving the funds," Christina Beyer wrote. "The original request went to an outside attorney who is no longer in business."
The Stern law firm has been withdrawing from cases across the state after falling under the scrutiny of the state Attorney General's Office for its foreclosure-related practices.
Allen said that after leaving the bank on Friday, he was contacted by the bank's new counsel, Florida Default Law Group. Allen said he won't be satisfied until he sees the check amount and it ensures it covers the judgment.
The case, meanwhile, isn't over. Allen said he'll seek for the bank to cover his own attorney fees.
"If Bank of America doesn't pay it, we'll be back doing this again," he said.
Wednesday, October 8, 2014
Tuesday, June 24, 2014
TUESDAY, JUN 24, 2014 05:45 AM MDT
Bounkham “Bou Bou” Phonesavanh(Credit: The Phonesavanh Family)
A SWAT team blew a hole in my 2-year-old son (UPDATE)
That's right: Officers threw a flashbang grenade in my son's crib -- and left a hole in his chest. It gets worse
TOPICS: SWAT TEAM, POLICE, GRENADE, FEDS, POLICE BRUTALITY, POLICE MISCONDUCT, EDITOR'S PICKS, BABIES,WAR ON DRUGS, HOSPITALS, ACLU, POLITICS NEWS
Bounkham “Bou Bou” Phonesavanh(Credit: The Phonesavanh Family)
After our house burned down in Wisconsin a few months ago, my husband and I packed our four young kids and all our belongings into a gold minivan and drove to my sister-in-law’s place, just outside of Atlanta. On the back windshield, we pasted six stick figures: a dad, a mom, three young girls, and one baby boy.
That minivan was sitting in the front driveway of my sister-in-law’s place the night a SWAT team broke in, looking for a small amount of drugs they thought my husband’s nephew had. Some of my kids’ toys were in the front yard, but the officers claimed they had no way of knowing children might be present. Our whole family was sleeping in the same room, one bed for us, one for the girls, and a crib.
After the SWAT team broke down the door, they threw a flashbang grenade inside. It landed in my son’s crib.
Flashbang grenades were created for soldiers to use during battle. When they explode, the noise is so loud and the flash is so bright that anyone close by is temporarily blinded and deafened. It’s been three weeks since the flashbang exploded next to my sleeping baby, and he’s still covered in burns.
There’s still a hole in his chest that exposes his ribs. At least that’s what I’ve been told; I’m afraid to look.
My husband’s nephew, the one they were looking for, wasn’t there. He doesn’t even live in that house. After breaking down the door, throwing my husband to the ground, and screaming at my children, the officers – armed with M16s – filed through the house like they were playing war. They searched for drugs and never found any.
I heard my baby wailing and asked one of the officers to let me hold him. He screamed at me to sit down and shut up and blocked my view, so I couldn’t see my son. I could see a singed crib. And I could see a pool of blood. The officers yelled at me to calm down and told me my son was fine, that he’d just lost a tooth. It was only hours later when they finally let us drive to the hospital that we found out Bou Bou was in the intensive burn unit and that he’d been placed into a medically induced coma.
For the last three weeks, my husband and I have been sleeping at the hospital. We tell our son that we love him and we’ll never leave him behind. His car seat is still in the minivan, right where it’s always been, and we whisper to him that soon we’ll be taking him home with us.
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Alecia Phonesavanh is the mother of Bounkham Phonesavanh, nicknamed "Baby Bou Bou." She and her family live in Atlanta. For more information about Bou Bou, go to www.justiceforbabyboubou.com.
MORE ALECIA PHONESAVANH.Saturday, February 18, 2012
Wednesday, February 1, 2012
Thursday, November 24, 2011
Security guard in hot water over treatment of 4-year-old shoplifter
Security guard in hot water over treatment of 4-year-old shoplifter | News | Seattle News, Weather, Sports, Breaking News | KOMO News
EVERETT, Wash. -- A Safeway security guard is taking heat for the way he questioned a 4-year-old shoplifter in Everett.
Little Savannah Harp recently took a trip to the grocery store with her dad. While they were shopping, Savanna took a package of dried fruit from a shelf.
"She grabbed a bag of apricots - dried apricots - opened them, ate a couple, put it back and the security guard watched her do it," said the girl's mother, Alissa Jones.
Savannah's father didn't notice his daughter's sticky fingers, but a store security guard did.
The guard stopped the pair as they left the store and led them back to a break room.
"He proceeded to tell them, 'Your daughter stole and she's banned from the store, and we're pressing charges. And she needs to sign this form saying she understands she can't come into any Safeways,'" Jones said.
Savannah can't read or write, but the guard, whom Safeway had hired under contract, had her scribble on the paper just the same.
"It's pretty troubling," Jones said. "It's not like she even knows what she was doing."
Savannah's parents aren't the only ones concerned about the way the situation was handled. Company officials said they are outraged by the incident and have fired the security guard.
"Our policies on shoplifting are intended to protect our customers, but built on common sense. And everyone understands what common sense is," said company spokesperson Cherie Myers. "We are as appalled as the parent is. Our division president was absolutely appalled, called the mom and apologized."
Little Savannah Harp recently took a trip to the grocery store with her dad. While they were shopping, Savanna took a package of dried fruit from a shelf.
"She grabbed a bag of apricots - dried apricots - opened them, ate a couple, put it back and the security guard watched her do it," said the girl's mother, Alissa Jones.
Savannah's father didn't notice his daughter's sticky fingers, but a store security guard did.
The guard stopped the pair as they left the store and led them back to a break room.
"He proceeded to tell them, 'Your daughter stole and she's banned from the store, and we're pressing charges. And she needs to sign this form saying she understands she can't come into any Safeways,'" Jones said.
Savannah can't read or write, but the guard, whom Safeway had hired under contract, had her scribble on the paper just the same.
"It's pretty troubling," Jones said. "It's not like she even knows what she was doing."
Savannah's parents aren't the only ones concerned about the way the situation was handled. Company officials said they are outraged by the incident and have fired the security guard.
"Our policies on shoplifting are intended to protect our customers, but built on common sense. And everyone understands what common sense is," said company spokesperson Cherie Myers. "We are as appalled as the parent is. Our division president was absolutely appalled, called the mom and apologized."
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