Gregory Brian Myers and his wife Barbara Ann Kelly faced a legal showdown with US Bank National Association that began in 2009, when the lender sued the couple for 66 missed monthly mortgage payments on their Naples property. The Florida court ruled in the bank’s favor, ordering the couple to forfeit the home unless they could prove otherwise.
In November 2016, the parties struck a compromise: Myers agreed to deposit $5,000 each month into a court‑held account in Maryland, totaling $70,000 over time. The deal stipulated that the bank could recover the money if it won the appeals, but the property could not be sold while the appeals were pending.
The appeals were fractured in 2018 when a Florida appellate court upheld the foreclosure verdict, effectively ending any possibility of a sale‑delay. Years later, in 2024, Myers filed anew, claiming the bank violated the 2016 agreement, alleging fraud and constitutional violations. The district court found his claims vague and allowed him to amend, but the amendments still lacked concrete evidence.
On October 19, the Eleventh Circuit rejected Myers’ final challenge, noting that the 2016 settlement did not bar the bank from selling once the appeals concluded. The court dismissed the suit with prejudice, meaning Myers cannot refile, and confirmed US Bank’s right to proceed with foreclosure. The decision leaves the Naples home in jeopardy, with the bank poised to resume its bid for possession.