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Holocaust Survivor Fighting With Bank

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BOYNTON BEACH (CBSMiami) - Abe Maisner has endured more than most people can imagine. He escaped a Warsaw ghetto, survived the Holocaust, beat a bullet to the chest and coped with the loss of his wife to cancer.

"She suffered 20 years and finally the end was five years ago," he said

Maisner, 85, sold his Boynton Beach home after his wife died and moved to an assisted-living facility.

But now he's in the financial fight of his life.

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Because of mounting medical bills, Maisner said he stopped paying his mortgage to Wells Fargo.

Wells Fargo began foreclosing on the home before the sale.

While the foreclosure process was going on Wells Fargo said they transferred the loan in February 2014 to Rushmore Loan Management Services out of California.

When Maisner sold the home he made a payment of $317,000 which he thought would satisfy the mortgage.

But then he said a week later he was told he owed $40,000 more dollars in interest.  Money he doesn't have.

"They've threatened to sue him for civil theft and they are foreclosing on the house which is why we are here today," Maisner's lawyer Mara Alyson said Thursday outside of Palm Beach County court.

The matter went before a judge in West Palm Beach, but no decision was made.

The judge told both sides to try to mediate a settlement outside of court and report back in January.

"We're gonna do our best to help Mr. Maisner, but I can't comment on the litigation," said attorney Roy Diaz.

Maisner's attorney said she thought they had achieved a small victory.

"The bank decided not to foreclose on the home at this time."

Wells Fargo spokesman Tom Goyda told CBS4 on Friday, "Wells Fargo had no involvement in or knowledge of any of the proceedings until the situation was brought to our attention this week.

Hope Margarit of Rushmore Loan Management Services released a statement Friday.

When the home was sold, the amount owed on the loan at closing was incorrectly calculated based on a draft, rather than a final, pay-off statement.  As a result more than $40,000 was erroneously credited to Mr. Maisner.  Given Mr. Maisner was not responsible for the error, the owner of the loan has decided not to pursue a recovery from him or the new homeowner, but will instead work to achieve a resolution with the professionals involved in the sale.

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