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N4T Investigators: American nightmare update - KVOA | KVOA.com | Tucson, Arizona

N4T Investigators: American nightmare update

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David Kinas David Kinas

Tucson - "I was extremely excited, it was part of the American dream that everybody owns their own home and you know, you come to a home. So it was wonderful and the kids were so excited, this is our first home," Jan Ngo told the News 4 Tucson Investigators. 

Jan, her husband Alan and their three children are fighting to stay in their home. Alan bought the house in Midvale Park in 2014 for $99,000, and says they've spent more than $20,000 on a new roof and other improvements. They were stunned in March when they received a "Notice of  Intent to Foreclose" from Chase Bank.

Jan told us, "I've  been paying on time every single month and didn't understand why would we be going through foreclosure if we had paid every single month on time."

Alan says he bought the house from David Kinas, and paid the $887 mortgage in person at Kinas' office and showed us the receipts. We've reported on Kinas' businesses before. In 2015, Mark Brnovich became the second Arizona Attorney General to investigate Kinas. The A.'G's office said Kinas engaged in deceptive "rent-to-own" practices. 

Now, another lawsuit. Jan and Alan are suing Kinas, his wife Deanne and two businesses Kinas is with, "Deed and Note Traders" and "881 Home". 

There was a hearing today in Pima County Superior Court regarding a temporary restraining order that put the foreclosure proceedings on hold. Scott Gibson, Kinas' lawyer, wanted to get the order lifted. The couple's attorney, Richard Luff, obtained the order last month and says it's not their fault. The mortgage states Kinas was supposed to forward the couple's mortgage payment to Chase. Luff says Chase told him it hasn't received a payment since Nov,.2015. Judge Catherine Woods kept the hold on foreclosure proceedings in place. She said, "The emergency motion to set aside the temporary restraining order is denied."

Judge Woods also ruled that the couple must pay $474.68 of the mortgage payment directly to Chase, the rest, $413.25 to "Deed and Note Traders," while the lawsuit continues.

Luff said, "The bottom line is they'll be able to stay in the home." Luff called the ruling a victory for his clients but isn't thrilled about them having to pay Deed and Note Traders anything."There is some issue on what really happened here. We still don't have a full story out of Deed and Note Traders."

We don't know what happened to the payments that Jan and Alan made to Deed and Note Traders, the ones  that chase says it hasn't received,. Kinas' attorney, Gibson, refused our request for an interview.

Court records show numerous lawsuits filed against Kinas and his companies over the years. Southern Arizona Legal Aid won a fraud case against him three years ago. The plaintiffs were awarded almost $5800, Southern Arizona Legal Aid was awarded $30,000  in attorneys' fees. Legal aid says Kinas has not paid both parties.

If you have a story you'd like us to investigate, email us at investigators@kvoa.com or call our tip line at 520-955-4444. 

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