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Jacobs Legal Miami Foreclosure Defense & Consumer Protection Lawyer

Homestead Florida Foreclosure Proceeds Despite Approved Loan Modification

The Miami-Dade Sherriff’s department evicted Anna Ramirez, of Homestead, Florida after her home was sold by foreclosure. The only problem was that the Miami Dade Circuit Court Judge, Israel Reyes, had already cancelled the sale so the borrower could accept her approved loan modification.

It all started after Ms. Ramirez defaulted on her $2,159 mortgage payments. She had purchased the suburban Miami home three years ago for $260,000. Her loan was owned by J.P. Morgan Chase, (formerly WAMU) who started the foreclosure process. The house was sold at auction in June for $87,000. However, Ms. Ramirez convinced Judge Reyes to cancel the sale and allow them to work out a loan modification. They ultimately agreed to reduce the monthly payment by $600.

The problem arose after the clerk of court failed to tell the foreclosure sale buyer. That buyer brought out the police in August to finish the eviction. The Ramirez family had only three hours to empty their 3 bedroom, 2 bath house. They even showed the police a copy of Judge Reyes’ order cancelling the sale but the police didn’t believe them.

The problem was corrected the following day when Judge Reyes ordered the Ramirez Family could move back into their home. Judge Reyes also ordered the Clerk’s office to update the docket to reflect the changes. Even the Bank’s spokesperson admitted this was a miscommunication and clerical error in the court system.

Foreclosure stopped but family forced out of home HeraldTribune.pdf

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