Posted: Sep 25, 2012 9:23 PM by Melissa Anderson - MTN News
HELENA - A cancer survivor is still fighting to keep her home, despite motions by Bank of America to place her into foreclosure.
Donna Peterson was in District Court last week hearing arguments about why her court case should be dismissed. She bought her home in 2007, but in 2009, couldn't keep up with payments while fighting stage-four cervical cancer. She says the bank agreed to restructure her loan, but Bank of America claims the verbal agreements were a modified loan that didn't have paper to back it up.
Peterson said, "Yes, I am still living in my home. I plan to intend to keep my home. The bank promised me a 2 percent loan and I've been fighting for over three years now to hold them to that promise. And I intend to continue that fight."
Peterson's attorney Jon Motl claims that under California case law, the bank is in breach of contract for non-traditional money lending practices.
Bank of America attorneys have 20 days to respond to supplemental information.
It will be up to Judge Seeley to decide whether the case can continue to go forward.
Peterson's attorneys already filed 10 cases against Bank of America for not honoring contracts, and they continue to receive about five phone calls a week. Typically, the two types of complaints are promises to restructure that aren't kept, and illegal foreclosure procedures.
Attorney Kim Wilson said in an interview in spring, "People have put their lives and investments and their emotional investments in these homes and suddenly they are being told they don't have any options."