WILLCOX – A southern Arizona family is in fear of losing their house to what they call an unjust foreclosure, and they’re now fighting back against one of the biggest banks in the country.
The Willcox-area family says that house was paid for more than a year ago. The loan company went under, and Bank of America stepped in and said it wasn’t paid.
After showing proof, the family says the bank kept pushing for foreclosure, and now they’re fighting back with an attorney.
Henry Newman is a Vietnam vet, a winner of the Purple Heart and several other awards for his service in battle. But for the past year, he and his wife have been in a much different kind of battle.
“They sent us 13 certified letters of foreclosure and auction,” Sharon Newman, his wife, says.
They say these letters have turned their lives upside down.
“Since this has started, its been a year of misery,” Henry Newman says.
Since they’ve started receiving these notices, the Newman’s have had “a lot of sleepless nights – a lot of crying,” Sharon says. “It’s horrible.”
Newman says he never leaves the house unattended in fear the bank will come in and take everything.
“They have no feelings,” he says. “The small people are just getting run over in this country and it’s got to stop. Somebody has to do something about it.”
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From a second report…
Wilcox, Arizona – Bank of America and Subsidiary, BAC, Attempt to Auction Arizona Home in Another Unlawful Foreclosure. A “refi” gone awry: Despite Arizona military vet’s proof of loan pay-off, Bank of America Forecloses anyway and schedules auction of his home of 26 years.
In a lawsuit filed this morning, Henry and Sharon Newman allege that for over a period of one year they were repeatedly threatened with collection, foreclosure and auction of their Arizona home of 26 years despite not having had a loan with Bank of America. The Newmans allege that in 2009 they refinanced their home with Platinum Community Bank for a better interest rate. With those funds, they paid off an older mortgage with Colonial Bank.
Colonial Bank was shut down in August 2009 after being paid off by the Newmans. Colonial’s mortgages, though, were transferred to Bank of America for servicing by its subsidiary, BAC. Bank of America, though, then tried to collect from the Newmans on the old Colonial mortgage. Over the course of a year, the Newmans repeatedly provided BOA and BAC with evidence that their loan had been satisfied in the refinance with Platinum.
While BOA eventually confirmed in writing that the Newmans had no loan with BOA, its collection efforts against the Newmans didn’t stop. Even the Newmans’ complaint to the federal Office of the Comptroller of Currency didn’t stop BOA and BAC’s foreclosure efforts.
As of the filing of the complaint in federal district court in Arizona today, BOA and BAC are still sending the Newmans collection letters claiming that they are seriously delinquent and have an unpaid balance of $83,465. The Newman’s home is even still publicly listed as a foreclosed home and potential buyers are continuing to visit the property.
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You can also check out he law suit and exhibits below…