LAS VEGAS -- Beatrice Cortinas starts her day at 2:30 a.m. The school cafeteria worker is off for the summer, but she still gets up early to make lunch for her husband, outside in their backyard, by lantern light.
Armando Cortinas wakes up a few minutes later. It's hard sleeping in their backyard tent. He brushes his teeth using the garden hose and then goes to the storage shed to get ready for his work day as an electrician.
The home near Maryland Parkway and St. Louis Avenue was locked up by constables July 11th. The Cortinas' say Wells Fargo claimed the family hadn't paid their mortgage in years. They had bankruptcy protection trying to get their credit cards in order.
"We were never behind. We paid every month, we never refused to make a payment," said Armando Cortinas.
"My mortgage payment was $861.31 and then the treasury payment for bankruptcy was $580," said Beatrice Cortinas.
The Cortinas' make two wages, and say they made certain to afford the home they bought for $96,000 13 years ago. At their attorney's office, Beatrice shows their evidence -- dozens of cashier's checks they claim prove they were current on their mortgage.
Their attorney is former Las Vegas Councilman Matt .
"She was current at all times on her mortgage payments. She continued current both before and during her participation in the Chapter 13 reorganization. Somehow, after she exited the bankruptcy process successfully with what's called a notice of discharge and completed her payments, the bank incorrectly red flagged her file as though she were post-bankruptcy -- in default," he said.
By day, the front yard of the Cortinas' house looks well kept. Beatrice prepares dinner on a gas range meant for camping in the afternoon. Armando comes home exhausted from his electrician work, but there is no rest here. Even in the shade, temperatures reach triple digits.
Thick blankets cannot hide the fact that every night the Cortinas family sleeps on the concrete of their own backyard patio.
"You start feeling back pain -- you feel lower back pains, your hip starts hurting and you start hurting all over the place because you're not used to sleeping on the concrete," said Beatrice Cortinas.
The Cortinas' say they will not abandon their home they believe was taken from them by mistake and they do not want to risk the theft of their belongings locked inside. The parents of three, grandparents of four, also say they don't want to burden their family with their struggle.
Callister says it may take another week and a half to get a judge's order letting them back into their house. Until then, Armando and Beatrice will continue living in their tent, starting each day with back pain and determination.
In a statement, Wells Fargo said, "Foreclosure sales are always an action of last resort, and an action we take on less than two percent of the owner-occupied properties we service. Our review of the Cortinas family's loan indicates that all payments we received from the family were applied correctly to their account. While unfortunate, we believe this foreclosure action was done appropriately.
"In the interest of ensuring the family that every possible consideration has been given to them, we are reaching out to their current legal representatives to discuss the situation one last time."
