Foreclose Ruling Saves Tallahassee Man From Eviction

By: Andy Alcock
By: Andy Alcock

Bob Wallerius walks with a noticeable limp.

He's had 40 surgeries after a bad traffic accident.

On the day he spoke to Eyewitness News, a foreclosure sale was scheduled for his northwest Tallahassee home.

"Had to go to bed one more night not be able to sleep and wake up trying to have the sale stopped," Wallerius said.

It all started in 2007 when Wallerius convinced his business partner to buy the house so Bob could work at home while recovering from his accident.

But after closing, his partner never received the mortgage papers and didn't know who to pay.

Wallerius says after several attempts to figure it out, the home was slapped with a foreclosure notice.

He and his partner have been buried in paper work fighting it for seven years.

"Our business was ruined," Wallerius said. "It was all just a matter of a wrongful foreclosure," he said.

Court records show at least a half dozen companies have bought and sold the home's mortgage.

One of them is part of Lehman Brothers, a company called Aurora Loan Services.

Lehman filed the largest bankruptcy in U.S. history during the height of the financial crisis.

On Monday, the District Court of Appeal ruled Aurora didn't have standing to file foreclosure because it couldn't prove it owned the mortgage when the suit was filed.

"It's going to make foreclosure cases more time consuming and expensive for lenders to pursue," said Wendy Loquasto, the winning attorney in the appeal case.

The ruling was just in time to stop the foreclosure sale of Bob's home.

"It's nothing more than a large chess game," said Wallerius. "We've got their queen, now we need to put them in checkmate," he said.

Wallerius has worked as a lobbyist part time.

He says he's working to get state lawmakers to change Florida's foreclosure form to prevent similar incidents from happening to other people.

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