Turning the Tables on Large Bank Gets New Lawyer on “The Daily Show”

When you’ve been a lawyer less than a year, and “The Daily Show” pronounces one of your successful cases the “single greatest story” ever, then you know your legal career is off to a terrific start.     

In 2010, Florida attorney Todd Allen was approached by Warren and Maureen Nyerges of Naples, Florida, who were facing foreclosure of the home they purchased in 2009.  They had what can only be called a stellar defense:  they had paid cash for the home and there was never any mortgage to foreclose.   Allen – who was retained only after the couple was turned down by a number of other law firms – admits that he was somewhat concerned about his inexperience but “I was so mad at Bank of America I had to act.” 

And act he did.  Bank of America dropped the foreclosure and the Nyerges’ got a judgment against Bank of America in the amount of $2,534 in September of 2010.  But when Bank of America failed to pay the judgment, Allen got a turnover order nine months later and showed up – along with sheriff’s deputies and the media – at a local Bank of America branch to seize assets to satisfy the judgment. 

After confronting a “visibly shaken” branch manager with the prospect of losing office furniture to satisfy the judgment – including his own desk and chair – the bank cut a check for $5,772.88 within the hour.  Last week, “The Daily Show” ran a humorous segment highlighting the unusual David and Goliath story. 

Though it had an entertaining ending, there is a serious point to be made here as well: do you think this would have happened had a resourceful and passionate attorney like Todd Allen not intervened on the Nyerges’ behalf?  In a perfect world, yes.  But in the one we live in, in a situation like this, not a chance. 
 

Posted: 8/17/2011 1:26:30 PM by On the Merits Editor | with 0 comments

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Thanks for stopping by On the Merits, the first blog from the Texas Center for Legal Ethics. On the Merits will take a close look at significant legal stories with an eye toward addressing the legal myths and misconceptions that turn up in news stories, movies, TV programs, websites, anonymous emails and other forms of mass communications. Our goal at On the Merits is to provide readers with a thoughtful examination of what the media and others are saying about the legal profession and to apply the frequently-absent context of how the legal system actually works.

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