Florida Homeowner Facing Foreclosure Scores Big Win; Appeals Court Throws Out Case On Technicality, Expiring Statute Of Limitations Prevents Bankster From Refiling
In Jupiter, Florida, WPEC-TV Channel 12 reports:
- Too many people in our area know the pain of losing their home to foreclosure, but a Jupiter woman is sharing with CBS 12 her story of beating foreclosure.
Susan St. Claire faced losing her town home in The Estuary at Jupiter Dunes. She says several lawyers told her to start packing.
But St. Claire's new attorney, Mark Johnson, realized the bank suing St. Claire had filed a motion to substitute the suing party. The 4th District Court of Appeal had ruled the suing party had to really have the mortgage.
St. Claire's foreclosure was old enough, explained attorney Johnson, the statute of limitations had expired for filing a new foreclosure suit against St. Claire.
"As long as they're alive, they can stay in (the home)," said Johnson. "But they can't sell it... because there's a lien on it."
Not the ideal way to live, admits St. Claire, but at least she has a roof over her head in a desirable location.
"It's a miracle," exclaimed St. Claire. "I keep telling you, it's a miracle. I do believe, I do believe."
Johnson says St. Claire's case is not typical, though. And going forward, he says, even fewer people will be able to beat foreclosure like St. Claire because the banks have adapted to the new court rulings.