GROVER BEACH - It's nightmarish scenario facing many homeowners who fought hard to stay in their home and avoid foreclosure.
Its also a story that involves one of these programs the federal government developed to help struggling homeowners avoid foreclosure.
"I think that if we were in criminal court, we'd be looking at grand larceny here", says Grover Beach homeowner Mike Cruz, "that's the way I feel about the way the bank has dealt with us."
Mike and his wife Becky Cruz have lived in their Grover Beach dream home for nearly 30 years having raised a family and sunk deep roots in the community.
But when the economy bottomed out back in 2008, Mike's business went with it and the couple fell several months behind in their mortgage payments.
That's when they applied for the federally-backed Home Affordable Modification Program, or HAMP, with what was then Countrywide Home Loans and now Bank of America.
"We re-applied with Bank of America numerous times sending in paperwork and paperwork", says Becky Cruz, "anybody who's ever applied knows what that means."
In March of 2010 the Cruz's received a letter saying they were approved for a mortgage loan modification under HAMP.
"We made our trial payment period payments, we did everything like we were supposed to", Becky Cruz adds, "within two months we got a denial letter, saying I'm sorry we can't give that to you, with no explanation."
The couple has since been notified they must vacate their home by the end of February.
They've hired an attorney and are trying to get stay on their eviction while they appeal the bank's foreclosure decision in court.
The Cruz's stopped making house payments nearly a year ago.
"We would like them to live up to the contract that they gave us", Mike Cruz says, "as a contractor I have to live up to my contracts, they should have to live up to their contracts."
Bank of America says it reached a settlement agreement with the Cruz's last year but BoA says the Cruz's have not abided to the terms of the agreement.
The Cruz's, through their attorney, are relying on a well-known court decision to help save their home.
To read more about the Mackler Decision go to:
http://www.huffingtonpost.com/2012/03/07/gregory-mackler-whistleblower-bank-of-america_n_1328381.html
