West said she was "scared to death" and agreed to take the new loan. Their monthly payment went from $1,900 to $3,100, she said. They kept up with it for about two years until Tim West lost his job in January 2007, she said. Option One promised a loan modification the next month and wouldn't accept their mortgage payments, West said. In March of that year, West said she received a foreclosure notice from Deutsche Bank.
Philippa Brown, a spokeswoman for American Home, declined to comment.
West said she hopes to persuade state Judge Elizabeth Metzger at her hearing next month to block the foreclosure because it's based on fraud. She said she's willing to negotiate a modified mortgage that she can afford as a compromise. Frankfurt-based Deutsche Bank and Option have never tried to negotiate, she said.
"I think a judge who's truly interested in justice will not tolerate anybody trying to pull the wool over their eyes," West said. "She's my last hope that something can be done to save my home."
This case is Deutsche Bank National Trust Co. v. West, 07- 00311, Florida Circuit Court of the 13th Judicial District in and for Martin County (Stuart).