Ana Lazara Rodriguez said she got an eviction notice posted on the door of her Miami-Dade home over the weekend on Sept. 11.
The former Cuban political prisoner in her 80s says she has hours to figure out where she is going to go, as the third district court of appeals ruled against her emergency motion to stay on Monday.
“All we asked was that the third district court of appeals grant the same stay as Ms. Rodriguez eviction while our appeal goes through the system, and that was denied today. While that’s not surprising, it’s sad," said attorney Bruce Jacobs.
Her attorney says they plan to fight and file another appeal to the full court of appeals.
“I continue believing in the justice department of this country. The only way we can preserve this country is when the constitution prevails and that is why we are fighting that," Rodriguez said.
County Mayor Daniella Levine Cava ordered that she have one extra day inside her home to help her attorney have every opportunity to figure out a possible solution in the legal system.
“I think that justice will prevail. I think that my lawyer will be able to stop the eviction," Rodriguez said.
Rodriguez's lawyer said the battle over her home began in 2009. Jacobs claims the foreclosure was illegal because it included a robo-signed mortgage assignment and a forged rubber-stamped endorsement.
The Bank of America says they have not been involved with the property since February of 2017 and Bank of New York Mellon is now the mortgage holder.
A spokesperson for the Bank of New York Mellon had this statement which read in part:
“BNY Mellon is not involved in the decision to foreclose on Ss. Rodriguez's mortgage loan or in pursuing the foreclosure. BNY Mellon did not make the loan and is named in the legal action solely because it is the trustee of a trust that owns the mortgage loan. Others are responsible for collecting loan payments and pursuing remedies for delinquencies, including foreclosure."
Lazara’s current deadline to move out is this Tuesday, but her attorney is hoping that won’t happen and plans to fight and appeal this process.