VOLUSIA COUNTY, Fla. — A 71-year-old man in Edgewater is being allowed to keep his home after fighting foreclosure.
Robert Elkins thought he had a loan modification deal to save his home, but deputies showed up Tuesday and told him to be out by Wednesday morning
However, Wednesday afternoon, deputies told WFTV that Wells Fargo has asked them not to evict Elkins.
Wells Fargo is working to stop the eviction and keep Elkins in his home.
Elkins said the medical bills from his late wife's fight against cancer piled up and he fell behind on house payments.
Elkins' attorney, Steven Loizzi, helped him get a loan modification in order to prevent foreclosure.
"We were ready to send back his signed paperwork and to our surprise, the foreclosure took place," Loizzi said.
Loizzi said the foreclosure should have been stopped once they were in talks with the bank about the loan modification.
He said the state-federal foreclosure settlement put an end to "dual tracking," which means part of the bank would be processing a loan modification, while at the same time, another section of the bank was filing for foreclosure.
Experts Eyewitness News spoke with said there have been cases where homes have been taken while loan modifications were pending.