Posted: Sep 16, 2010 6:39 PM
Updated: Sep 16, 2010 7:20 PM
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."
So the Newman's hired an attorney that has dealt with this kind of thing before, and then they contacted News 4.
After working with the Newman's for two days, reporter Greg Dingrando got through to Bank of America who agreed to talk to them. A few hours later, they received the following statement:
We sincerely apologize to the Newman's for this mistake. We have cancelled the foreclosure sale and hope to resolve this with the Newman's. Due to the pending litigation, we cannot comment further on this case.
This came as a huge relief to the Newman's, but their attorney says it's not over.
"You can't just walk away and let these large big box banks get away with that," said Carlin Phillips, the Newman's attorney. "We want to bring them to task before a jury in Arizona, and see what they have to say about this kind of conduct."
The Newman's attorney says this type of thing happens all too often, and it's not just Bank of America. He says it happens everywhere.
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