Fighting for Ana Lazara Rodriguez’s Home
In Florida, a lender must go to court to foreclose its mortgage. The lender files a lawsuit in the Circuit Court of the county where the property is located. The lender has no right to take your home until they obtain a judgment of foreclosure and writ of possession from the Court.
On Wednesday February 17th, we filed an emergency motion to stop the foreclosure eviction for 82-year-old Miami resident Ana Rodriquez from her home of 26 years. This is part of a 2-year effort by the community to support the former Cuban political prisoner and help her keep her home. The hearing is set for Friday, February 26th at 3:30pm via Zoom.
Motion: DEFENDANTS EMERGENCY MOTION TO STOP WRIT OF POSSESSION AND/OR FOR ORDER ON MOTION FOR STAY PENDING APPEAL
Scheduled Date and Time: 02/26/21 3:30:00 PM
Scheduled Before: Charles Johnson
Case Number: 2009-062378-CA-01
Style: Bank Of New York Mellon (the) vs Rodriguez, Lazara A et al
Zoom Meeting ID: 96953342682
Zoom Dial In Number: +1 786-635-1003
Zoom Link: https://zoom.us/j/96953342682
The emergency motion explains that Bank of America was the mortgage servicer who filed the foreclosure against Ms. Rodriguez using fake evidence in 2009. Ana took a predatory subprime loan that Countrywide Home Loans, Inc., sold to millions of elderly and first time borrowers from communities of color. Bank of America later bought Countrywide and became responsible for all those loans.
It was a ticking time bomb set to default.
When it defaulted, Bank of America filed the foreclosure using fake evidence. They attached a robo-signed mortgage assignment to their first complaint, and then a forged rubberstamp endorsement to their second complaint.
What’s worst — Ana’s case is just the tip of the iceberg as there is evidence Bank of America and JP Morgan Chase engaged in this systemic foreclosure fraud in Florida, Hawaii, Ohio, and every judicial foreclosure state in the country.
The fraud involves felonies of forgery and perjury that violated the $25 Billion National Mortgage Settlement, the federal and state racketeering (RICO) statutes, several felony statutes, and the doctrine of “unclean hands.”
You can see the full emergency motion here.