John Parks has lived in his Northeast Fresno home since 1987. But come November, Bank of America is putting the home on the auction block. "It would be like destruction to me. It's destruction because all my kids have been raised here."
For years, Parks' mortgage was with Country Wide. In 2006, he claims the bank agreed to re-finance his loan. "She convinced me, yes Mr. Parks, we can get you 8.34 fixed, we'll save you $260.00 a month."
Two years later, in 2008, Bank of America took over Country Wide. Parks says he continued to make his same payments.
Recently though, B of A wrote him a letter ... telling him they never agreed to re-finance his loan and that he owed them about $13-thousand in back payments.
"And they had our contract for two years or something, and they never mentioned to us that we were delinquent," said Parks.
Parks' situation isn't unique.
Credit counselor, Martha Lucey says it's possible Parks may have been late on a payment ... which can sometimes void a loan modification.
Still, she warns, some companies are guilty of predatory lending ... and homeowners need to make sure they have their re-financing agreements in writing. "It's crucial to make sure that you have a contract document in front of you so that you understand the particulars of any modification that you get from your lender."
Parks maintains he has all the necessary documents to prove his case. He even filed a lawsuit against Bank of America ... claiming fraud. A move he says is his last resort to saving his home. "It's the foundation of my family."
Action News contacted Bank of America Wednesday. A spokesperson replied with an email, saying the company actively helps homeowners stay in their homes. They also said they will be contacting Parks directly to see if they can work something out.