
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 satisfiedin 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.
To remedy the damage caused by Bank of America and BAC and to permanently stop the foreclosure proceedings, the Newmans hired the wrongful foreclosure attorneys at Phillips & Garcia in Massachusetts.
Mrs. Newman said of her disabled Vietnam veteran husband..."it wasn't the military battles that almost killed him; it has been the nightmare with BOA that I thought was going to take my husband of 42 years away from me."
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