OSAWATOMIE, Kan. -- A Kansas soldier who is on active duty in Iraq is also fighting for his home.

A bank is trying to foreclose on Sgt. Steve Welter's house in Osawatomie, which is illegal. It is a violation of a 64-year-old federal law to foreclose on a soldier's property while he or she is at war.

---

More Info: Soldiers' and Sailors' Civil Relief Act
Video: Soldier Fights To Keep Home While At War

---

Welter has been fighting in Iraq since September. Meanwhile, Wells Fargo Home Mortgage is threatening to foreclose on the house where his wife and three children live.

"And he's fighting in a war. And yet an American company is trying to take our home," said Keira Welter, Steve's wife.

The Soldiers' and Sailors' Civil Relief Act reads in part: "No sale, foreclosure or seizure of property ... shall be valid if made during the period of military service."

On Aug. 12, 2004, Welter got his active duty orders for Iraq and he sent it to the mortgage company.

But Keira Welter said the letters and demands kept coming.

"The (Veterans Affairs) Housing unit of Kansas sent (Wells Fargo) the papers three weeks ago on a Thursday. The next Tuesday, they filed the foreclosure proceedings on us," Keira Welter said.

She's worried the family will lose more than the house.

"They want to sell everything ...They want to sell my house and all my possessions in it," Keira Welter said.

She said the worst aspect are the phone calls. Once, Keira Welter's daughter, 10-year-old Krysha, answered the phone.

"And I said, 'My daddy's in Iraq.' And they hung up," said Krysha Welter. "I was scared because I thought they'd come for us because they knew our daddy is gone."

"And then I looked at the caller ID. It said Wells Fargo," Keira Welter said.

Before Steve Welter left for war, he was a Lawrence, Kan., firefighter. In 2003, he won a Firefighter of the Year award. The department is holding his job for him when his tour of duty is over.

Keira Welter said the family's financial problems started during Steve's Army training. She said the military paychecks are smaller than his firefighter salary.

Steve Welter once wrote Wells Fargo a desperate letter, Keira said. The letter read: "Please consider that I am fighting for this country and everyone's way of life."

Before the incident, the Welter credit history appeared to be good, KMBC-TV in Kansas City, Mo., reported.

"I paid extra money each month, to reduce the principal, so we could pay it off in 17 years instead of 30," Keira Welter said.

Wells Fargo issued a written statement to KMBC about the Welter case: "We are working directly with the customer to resolve any issues that have affected their situation. Based on information we have received in the last two weeks, we believe the immediate concerns have been resolved."

Keira Welter said she is skeptical about any assurance from Wells Fargo. She said Veterans Affairs has also received such assurances, and so has U.S. Sen. Pat Roberts' office.