Hurricane Ike Destroys Home, Owner Faces Foreclosure on Nonexistent House


After retaining a lawyer, Gana was able to avoid foreclosure.

"They never foreclosed on me but somehow, some part of Bank of America thought they foreclosed on me," said Gana.

Although he avoided foreclosure, the bank confiscated what remained of his belonging on the property, Gana alleges.

"When I saw my stuff was gone, I was livid," Gana told ABC News. "They thought they had foreclosed on me after I just paid them [around] $130,000." Gana said a court settlement in May gave the bank the checks he received from FEMA for the storm damage, so he was left with a mortgage of $41,792.

In documents obtained by, a letter dated on May 20 says an agreement between the two parties would leave Gana with an unpaid balance of $41,792. But a June account statement shared with ABC News by Gana placed the balance at more than $93,000 -- far greater than the what the alleged May agreement stipulated.

Frederick F. Hoelke, an attorney for Mr. Gana, wrote to ABC News that based on instructions from a judge, "Mr. Gana's loan would be reinstated at the same payment as when he initially took the loan out."

A phone call to the Houston attorney's office of Bank of America was not returned.

In September, Gana received a letter from Fannie Mae, which he supplied to ABC News, stating, "Your mortgage loan that is serviced by Bank of America/Fannie Mae is currently delinquent and you may soon be facing foreclosure."

Now he's back to where he started.

"All of this confusion has occurred because Bank of America put a forced Homeowners Insurance policy on a home that no longer exists," Gana wrote to ABC News.

"I feel like a [small] fish in the water, bleeding, and a huge shark keeps swimming by, taking chomps of me," said the 56-year-old, who says he has shelled out $25,000 to fight the foreclosure.

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