Published: Jul 26, 2010 11:47 PM EDT
Updated: Jul 26, 2010 6:48 PM EDT

CAPE CORAL, Fla. - A Cape Coral woman and her daughter are homeless despite their efforts to save their house through the president's "Making Homes Affordable" program.  Now she has less than a week to move out, and she's calling for action!

Single mother, Nicole DePuy never thought she would lose her home until she took a huge pay cut.  Now, after ten years of living in the Cape, Nicole can sort her life into two piles: the things she can box up and the things she can't.

"Memories. Lots of memories.  I have marks on the wall on how my daughter has grown over the years.  When we moved here she was just turning two," DePuy laments.

When Nicole DePuy took a 75% pay cut she jumped into action and talked to her bank about getting a loan modification.

"I was proactive when I first spoke to Bank of America.  I was not behind on my loan... what can you do to help me and I kind of got the run around for many, many, many months," DePuy recalls.

Nicole kept the stack of correspondence with Bank of America.  She says they repeatedly lost her information and she had to keep sending it back in.  After two years of re-sending, re-faxing and redialing Bank of America, Nicole finally talked to a bank representative face-to-face at a foreclosure seminar at Harborside Event Center in Fort Myers.

"They said we have the deal for you.  We're going to lower your interest rate, put some years on your loan; it's going to lower your payment by half.  You'll be able to stay in your home.  And I said what happens to the auction date on my home, it's supposed to be auctioned on the courthouse steps?  They said: not once we receive payment from you.  That stops automatically," DePuy told WINK.

Nicole then received her modification agreement in the mail on March 1, 2010.  She sent her mortgage payment in on the third.

"I called three different times to verify that info-- that it had been stopped and they said yes the sale has been stopped," said DePuy.

But the bank didn't cancel the sale.  On march 30, 2010 the court auctioned her home.  She found out when the new owner put a note on her door.  Nicole kept paying her mortgage anyway and challenged the sale of her home in court.  But because of the speed and volume of cases in the court system, Nicole says the judge admitted to never reviewing the information in her case and the judge ordered Nicole and her young daughter out by July 31, 2010.

Now in the final days in her home, Nicole put up signs in front of her house and on her car letting people know what happened to her.

"It's very personal and unfortunately, Bank of America, they don't even get a slap on the hand.  You know I'm just another number to them," DePuy tells us.

We repeatedly tried to reach Bank of America to talk with them about the situation. When we started asking questions, Nicole received a call from Bank of America that day. She says they told her they did make a mistake and would work to rescind the sale.

Monday evening, Bank of America contacted us to say they were contacting Nicole and working to remedy the situation.

Nicole still has to be out of her home July 31st.

Meanwhile, Nicole's friends have started a facebook page supporting her cause. You can find a link by clicking here.