SAN FERNANDO (CBS) — A Pacoima family is fighting to save their home with a lawsuit filed by Neighborhood Legal services.

The Velasco family said despite making a loan modification agreement with JP Morgan Chase to save their home — which they’ve owned for over 12 years — the bank plans to auction off the property.

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As KNX 1070’s John Brooks reports, the family is taking the bank to court to fight what they say are unjust mortgage lending practices.

“They are a graphic example of the bank’s systematic refusal to modify, and the banks are not complying with the Home Affordable Modification Program,” said lawyer Yvonne Jimenez.

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Typically, banks take up to an average of about 300 days after sending a foreclosure notice before it can sell a home in an auction. During that time, most borrowers stop making mortgage payments.

However, the Velasco family said they remain current on their payments.

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A class-action lawsuit that accuses Bank of America of reneging on promises to help borrowers modify their mortgage loans under the same federal program is already in the courts.