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Accidental Eviction

accidental eviction -local 10 news

It’s been a roller coaster ride the last few months with regards to foreclosures.  Some of us in the industry, as much as we dont’ want to, have had to deal with these.  We’ve held some of our clients’ hands through the hardest times in their lives.  No one ever wants to be faced with a foreclosure….the thought of loosing a home is absolutely horrible, but it happening because of clerical errors is beyond words.

This case in my backyard – a house sold from right under a lady in Homestead who was working on a loan modification with her lender.  She took the necessary steps to get a court reversal on the sale and still found her belongings on the curb of her home because the county clerk allegedly did not record the reversal.

The Miami Herald reports:

A clerical error at the court had let the buyer complete the purchase, and she and her family were told to gather their things and leave. She even tried showing the officers a judge’s order, but her family was still kicked out.

“I felt terrible. I was crying the whole time,” Ramirez, a 52-year-old cook at a Mexican restaurant, said Thursday of the daylong eviction. The ordeal ended after they pointed the mistake out to a judge the next day.

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The trouble began when Ramirez and her husband fell behind on their $2,159 house payments. Her parents had purchased the suburban Miami home for $260,000 three years ago, but it was up to Ramirez and her husband to pay the mortgage.

J.P. Morgan Chase, the mortgage holder, began foreclosure procedures and the home was auctioned June 10 for $87,000. A week later, the parents convinced Circuit Judge Israel Reyes to reverse the sale. He ordered both sides to work out a repayment plan, which they did, cutting about $600 a month off the bill.

But Ramirez said the court clerk didn’t tell the buyer, who showed up with police Aug. 12. Ramirez, her husband and 20-year-old nephew were told to leave the 3-bedroom, 2-bath home.

The next day, Reyes ordered the Ramirez family back into the home. Court documents show that Reyes also ordered the clerk to update the docket immediately to reflect the changes.

Chase spokeswoman Nancy Norris said that there was “miscommunication” and that there appears to have been a clerical error in the court system.

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This case is probably one of many and shows how home owners cannot just wait until the last minute to address issues of foreclosure.  Not saying that Mrs. Ramirez waited until the last minute, just stressing the fact that when there are so many hands in the pot, things can get complicated.  Between the bank, the loan officer, the judge, clerk of court, buyer, sheriff and whoever else was involved, it was messy situation.  We should all be aware of eviction procedures in our own states in order to help our clients faced with foreclosures.  In Florida, evictions need to be posted on the premises before belongings can be put out of the property –

Writ of Possession: If the landlord does win the case, the clerk of the court will issue a writ of possession to the sheriff commanding the sheriff to put the landlord back in possession of the dwelling after 24 hours notice conspicuously posted on the premises.

In Florida it’s also very common for tenants to find themselves being evicted and losing deposit money because the owner’s of the property have stopped paying their mortgage and are foreclosed on.  Our job as agents is not to act as attorneys or financial advisers – but it is to research and communicate relevant information to our real estate clients.

Here are other articles about the same accidental eviction:

Written By

Ines is all Miami, all the time. A Miami Beach Realtor® with Majestic properties, Ines authors Miamism.com, PrimeMiamiBeach.com, and MiamismPix.com and is always on communication's leading edge. She goes out of her way to engage and be engaged, often using Mojitos to keep the mood light and give everything she does a Miami flavor. You can find her goofing off or instigating trouble at Twitter, Flickr, Facebook or LinkedIn.

9 Comments

9 Comments

  1. Ryan Rockwood

    August 24, 2009 at 2:45 pm

    I’m actually shocked this even made the news. I’ve literally lost at least 5-client homes b/c of accidental sales….On the other hand, I kind of got into foreclosures early so maybe it’s just a matter of experience.

    It’s a weird feeling to have to call your client and tell them the home was accidentally sold.

  2. Joe Loomer

    August 24, 2009 at 3:24 pm

    Wow – haven’t heard of that happening in our area – but we’re also not a major city. Georgia is not a judicial foreclosure state – so if you fall behind, the warranty deed already gives the lender the right to evict you (with due “notice” but no court order).

    I’m blessed to live in a county with outstanding county leadership at every level. Everyone from the Clerk of the Superior Court to the folks in the Property Tax Assessors Office are superb.

    The only real happy part of this story is that it only took a day to reverse the mistake…..

    Navy Chief, Navy Pride

  3. Mary Pope-Handy

    August 24, 2009 at 9:32 pm

    Can’t say as I am surprised – there are so many people involved and carelessness on one person’s part can lead to disastrous results.

  4. Ines Hegedus-Garcia

    August 24, 2009 at 9:46 pm

    Ryan – I figured when I first read it that it was probably a problem that was too common – but since we don’t do foreclosures, we could not verify. Sorry to hear that you go through that often with your clients. I’m sure you know exactly what to do in those situations, which is a huge service to them.

    Wow is right Joe, but at your statement,

    I’m blessed to live in a county with outstanding county leadership at every level. Everyone from the Clerk of the Superior Court to the folks in the Property Tax Assessors Office are superb.

    Miami-Dade County should only be so lucky 🙂

    Hi Mary, sadly enough though, we are talking about a family’s home though – not a building permit or a traffic ticket (just makes me shake my head)

  5. Matt Stigliano

    August 25, 2009 at 8:42 pm

    Ines – I don’t even know what to say when I read these sorts of stories. “Accidental eviction” is right up there with “wardrobe malfunction.” Neither should exist and one of them was no malfunction.

  6. Ken Brand

    August 26, 2009 at 11:40 pm

    Sadly, traumatic situations like these cascade from fractured to compound fracture. Many are so overwhelmed with the a sense of loss, disappointment, hopelessness and embarrassment that the coping mechanism chosen is denial and avoidance.

    More people need to know that usually, facing into the problem and working to move as fast as possible to the next thing, while painful in the short run, the result will be better in the long run.

    Thanks for posting.

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