MIAMI – Tuesday was the deadline for a South Florida senior citizen fighting to stay in her home.
A judge refused to issue a stay for an eviction order, but Miami-Dade County Mayor Daniella Levine Cava stepped in at the last minute.
“Almost a certainty that Ana was going to be thrown out on the street,” said attorney David Winker. “We were making contingency plans on where she was going to go this morning.”
Levine Cava told officers to stand down, the third time she has done so to ensure 83-year-old Ana Rodriguez can remain in her home.
Attorneys quickly got to work drafting a last-ditch motion for the Florida Supreme Court after a prior motion was denied in the third district court of appeals.
Levine Cava’s office told Local 10 News on Monday:
“It’s important to make sure Ana has every opportunity to seek remedy in the legal system.”
Rodriguez bought the home in 1995. When she fell behind on the mortgage and tried to make good on the missed payments, the bank refused to accept it
“Everything is minute by minute, day by day,” said attorney Bruce Jacobs. “Either waiting for the Sheriff to come or for justice to come.”
Rodriguez’s attorney’s claim fraud by the banks eventually led to what they claim was a fraud based foreclosure. A court document filed in 2018 shows she agreed to a foreclosure and in exchange the bank would not sue for any financial losses, but she now says she made no such deal and isn’t worried about the future.