Fighting Foreclosure - WSVN-TV - 7NEWS Miami Ft. Lauderdale News, Weather, Deco

Fighting Foreclosure

Posted: Updated:

WSVN -- More than 2.5 million homes nationwide have been lost to foreclosure in the last three years, 240,000 of them here in Florida.

Some lenders froze foreclosures due to reports of questionable documentation, but courts are still clogged with active cases.

Nina Valencia, Fought Foreclosure: "I was completely in shock."

Nina Valencia's case is one of them, but her battle was not with a bank: it was with her condo association.

Nina Valencia: "I can't lose faith. I can't lose faith."

Nina owned her $140,000 condo free and clear. As 7 News first reported this summer, Nina fell behind on her condo fees. She says she was trying to work out a payment plan with her association, but the next thing she knew, her unit was being sold on the auction block.

Nina Valencia: "I was like, 'This is not happening to me, and how come they can do something like that without even telling me?'"

Nina fought back.

Judge Marc Schumacher, Miami-Dade Circuit Court: "Good morning, ladies and gentleman. We are here regarding Biscayne Cove Condominium Association v. Valencia."

She claims she was never properly notified that her unit was being foreclosed on. If Nina was not properly served, it would render everything after, including the sale, null and void.

Judge Marc Schumacher: "Do you swear or affirm to tell the whole truth and nothing but the truth?"

Nina Valencia: "Yes."

In court, Nina testified she never got that notice. The association's attorney claims she had been notified as required by law.

Security guard, swearing in: "I do."

But a condo security guard testified he could not recall seeing Nina the day those papers were allegedly served.

Frank Wolland: "So you did not see the process server hand any papers to Ms. Valencia, did you?"

Security guard: "I just don't remember."

In the end, the judge believed Nina.

Judge Marc Schumacher: "The court finds that the defense has met its burden and has shown by clear and convincing evidence that Ms. Valencia was not served."

It was a huge relief after a year of high anxiety.

Nina Valencia: "A nightmare. My health is wearing down to hell."

But it may not be over yet. The association can appeal.

Steve Davis, Becker & Poliakoff: "I think the judge felt sorry for her, that she was going to lose her condominium. I'm not sure what the next step will be at this point."

But for now, Nina is glad to have her home back and is making plans for the future.

Nina Valencia: "This is my legacy for my daughter. She's in the Navy, and when she is 25 years old, I'm going to give the apartment to her. I'm very happy. You have no idea."

Carmel Cafiero: "Nina still has to come up with those past-due condo fees and faces the possibility of an appeal. If that happens, she could end up back in court."

IF YOU HAVE A STORY FOR CARMEL TO INVESTIGATE:Miami-Dade: 305-627-CLUEBroward: 954-921-CLUEE-mail: clue@wsvn.com

  • Local NewsMore>>

  • 2 cars vandalized in Miami Beach neighborhood amid anti-Semitism accusations

    2 cars vandalized in Miami Beach neighborhood amid anti-Semitism accusations

    Sunday, July 27 2014 6:56 PM EDT2014-07-27 22:56:13 GMT
    Police said this Infiniti SUV was defaced with cream cheese.Police said this Infiniti SUV was defaced with cream cheese.
    MIAMI BEACH, Fla. -- A South Florida family is declaring the actions of the person or people who, police said, vandalized two of their vehicles outside their home to be anti-Semitic.
    MIAMI BEACH, Fla. -- A South Florida family is declaring the actions of the person or people who, police said, vandalized two of their vehicles outside their home to be anti-Semitic.
  • Coral Springs toddler who nearly drowned in pool recovering

    Coral Springs toddler who nearly drowned in pool recovering

    Monday, July 28 2014 12:11 AM EDT2014-07-28 04:11:10 GMT
    2-year-old James Edwards2-year-old James Edwards
    CORAL SPRINGS, Fla. -- A South Florida boy who nearly drowned in his home's swimming pool is on the road to recovery, thanks in no small part to the support of the community and four crime-fighting reptiles.
    CORAL SPRINGS, Fla. -- A South Florida boy who nearly drowned in his home's swimming pool is on the road to recovery, thanks in no small part to the support of the community and four crime-fighting reptiles.
  • Small plane crash on Fla. beach: 1 dead, 1 injured

    Small plane crash on Fla. beach: 1 dead, 1 injured

    The scene of the plane crash near Venice Beach, Fla.The scene of the plane crash near Venice Beach, Fla.
    SARASOTA, Fla. -- A father was killed and his daughter seriously injured while walking along a Florida beach when a small plane crash landed Sunday on the Gulf Coast only feet from the surf, authorities said.
    SARASOTA, Fla. -- A father was killed and his daughter seriously injured while walking along a Florida beach when a small plane crash landed Sunday on the Gulf Coast only feet from the surf, authorities said.
Powered by WorldNow

WSVN-TV
Sunbeam Television Corp
1401 79th Street Causeway
Miami, FL 33141

Switchboard: (305) 751-6692
Newsroom: (305) 795-2777

Can't find something?
Connect with us here:
Powered by WorldNow
All content © Copyright 2000 - 2014 WorldNow and WSVN. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.