Former Cuban political prisoner on the verge of eviction wins reprieve in court

Former Cuban political prisoner wins eviction reprieve | Miami Herald                                               6/8/21, 7:48 PM

       Former Cuban political prisoner on
       the verge of eviction wins reprieve in
       court
       By Rene Rodriguez June 07, 2021 01:21 PM,

       Ana Lazara Rodriguez, 82, sits outside of her home before holding a press conference in Miami, Florida, on
       Thursday, May 6, 2021, to bring attention to her case. MATIAS J. OCNER mocner@miamiherald.com

       Former Cuban political prisoner Ana Lazara Rodriguez, who was on the
       verge of eviction Friday after being served with a writ of possession — the
       final document in the eviction process that gives recipients 24 hours to
       vacate the premises — was granted a reprieve Monday by Miami Circuit
       Judge Peter R. Lopez, who stayed the writ until an evidentiary hearing in the
       case slated for July 28.

       On that date, lawyers for Rodriguez, 82, will lay out evidence they say proves
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Former Cuban political prisoner wins eviction reprieve | Miami Herald              6/8/21, 7:48 PM

       Bank of America and Bank of New York Mellon committed fraud by using
       robo-signing and rubber-stamping forged endorsements during the initial
       phase of the foreclosure in 2010 that led to the current eviction.

       Rodriguez had been ordered in May to come up with a bond of $100,000 in
       order to stay the writ, which she was unable to do.

       Bruce Jacobs, the attorney representing Rodriguez, said Monday’s stay was
       a result of a June 2 ruling by Judge Beatrice Butchko in a separate, unrelated
       case one day before Miami-Dade Police served the writ on Rodriguez’s door.

       In that hearing, Butchko ordered Bank of New York Mellon, Bank of America,
       Carrington Mortgage Services and their attorney Nathaniel Callahan, a
       partner at the Akerman LLP law firm, to appear for arraignment on June 25
       to contest charges of contempt of court on charges of perjury during a
       hearing on fraud. Although that case — involving a foreclosure on Julie
       Nicolas, a single mother of two who lost her home — is unrelated, it involves
       the same banks and charges of fraud as those in Rodriguez’s case.

       Last-minute reprieve

       On Friday, the day Rodriguez was scheduled to be evicted, Mayor Daniella
       Levine Cava ordered the Miami-Dade police department to stand down,
       arguing Rodriguez’s defense had not had its day in court yet.

       “Mayor Levine Cava ordered the police not to proceed with the writ and get
       ahead of the case until the legal process could play out in the court,” said
       Rachel Johnson, spokesperson for the mayor.

       Jacobs, the attorney representing Rodriguez, took Monday’s ruling as a
       victory in his ongoing efforts to prove the banks involved committed
       widespread fraud by preying on the elderly and minorities after the 2008 real

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Former Cuban political prisoner wins eviction reprieve | Miami Herald                                               6/8/21, 7:48 PM

       estate crash.

       “Ana is saving her house because Judge Lopez had to follow the law,”
       Jacobs said. “The mayor of Miami-Dade County intervened to stop the
       eviction and make sure Judge Lopez had the opportunity to follow the law.
       We are thankful that he did.”

       Rodriguez, who lives with a fellow former Cuban political prisoner suffering
       from Alzheimer’s, inherited the home in 2008 soon after it had been
       refinanced by Countrywide Financial, one of the subprime mortgage
       companies that was forced to settle claims of discrimination against
       predatory loans during the recession.

       Former Cuban political prisoner at risk of eviction

       Ana Rodriguez, who served more time as a political prisoner of Castro’s regime than any other woman, is at the risk

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Former Cuban political prisoner wins eviction reprieve | Miami Herald                                    6/8/21, 7:48 PM

       of losing her home at the age of 82. But Miami’s community is rallying for her. By Pedro Portal

       Countrywide was bought by Bank of America in 2008. The home went into
       foreclosure in 2010 after Rodriguez fell behind on her payments. According
       to court records, Rodriguez filed for bankruptcy in 2014. But Bank of New
       York Mellon, which had taken over the mortgage, did not bring a foreclosure
       case against her until 2019.

       In August 2020, the home was bought for $415,000 in cash by Vanessa
       Veytia, who lives in California. On Monday, her attorney, Pierre G. Mina, could
       not provide an exact dollar amount to be set as bond, claiming his client’s
       losses are too great to calculate.

       Mina did not respond to a request for comment for this story.

       “The Constitution is clear no one can be deprived of their property without
       due process,” Jacobs said. “A fraudulent foreclosure is not due process.”

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Former Cuban political prisoner wins eviction reprieve | Miami Herald              6/8/21, 7:48 PM

       Rene Rodriguez has worked at the Miami Herald in a variety of roles since
       1989. He currently writes for the business desk covering real estate and the
       city’s affordability crisis.

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