Failure To Cough Up Homeowner's $20K Attorney Fee Award For Failed Foreclosure Attempt Leaves Delinquent Bankster Facing Foreclosure
In St. Augustine, Florida, WTEV-TV Channel 30 reports:
- A local woman is taking on a monster megabank by filing a foreclosure of her own. Wells Fargo tried to take her home. A judge ruled she could keep it and Wells Fargo owes her for the trouble, but the bank still hasn't paid up.
Rebecca Sharp likes to come home to this house every night. But seven years ago, she thought, that might change. "I was served with a summons pending foreclosure," said Sharp.
Wells Fargo said she was six months behind on her mortgage. But she fought the foreclosure, and eventually the case was dismissed. The judge also ruled Wells Fargo should pay Sharp. She and the bank settled on nearly 20 thousand dollars for attorney's fees.(1) Eight months later she still hasn't seen that money.
So, to try and get it, Sharp and her attorney turned the tables on Wells Fargo. "We filed a foreclosure notice to get our client the money she's owed," said attorney Tom Pycraft.
It was filed against a local Wells Fargo branch down in St. Johns County. "Foreclosure cases are based on borrowers not paying bills. Now, Wells Fargo has not paid its bills. There's an irony there," said Pycraft.
(1) For more on homeowners scoring thousands in attorney fee awards when successfully fending off bankster foreclosure attempts, see:
- Fla. Appeals Court: Homeowner Entitled To Nail Bank For Prevailing Party Legal Fees After Lender Voluntarily Dismissed F'closure Case w/out Prejudice,
- Attorney Fee Awards For Successful Foreclosure Defense In Florida,
- Florida Judge Sticks Standing-Lacking Lender With $30K Tab For Homeowner's Legal Bill After Booting Case,
- Use Of Robo-Signers In Foreclosure Actions Not New For GMAC/Ally; Earlier Case Required Servicer To Cough Up $8K In Fees To Homeowner's Attorney,
- Fla. Appeals Ct. Nixes Prevailing Party Legal Fee Award In Foreclosure Defense; Failure To Include Request In Pleading Sinks Recovery Attempt,
- Defending A Foreclosure Defense Case Pro Bono? Don't Forget The Contingency Risk Factor When Sticking Losing Lender With Tab.
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