A Pembroke Pines family with a foreclosure case pending against them is attempting a new tactic to draw attention to their plight. Ginger Luznar and her family posted huge signs in their yard with messages like "The bank is trying to steal my home."
"When you feel helpless...what do you do?" Luznar says, "I'm desperate. I feel helpless."
She and her family hung the signs on Friday, after informing neighbors
and having them sign-off on the idea. Her neighborhood fully supported
her, she says. Some people even wrote encouraging notes. "I don't know
how else to fight this. I'm not bringing my signs down," she says.
Luznar's
lawyer, Martin McCarthy, says that the family entered into a modification agreement with Deutsche Bank and that the bank
brought foreclosure suits against the homeowners several times, only to
subsequently dismiss them.
The most recent time, however, the bank started foreclosure processes
without serving the proper documents to alert the homeowners."[Luznar]
proved to the court that she had never been served," McCarthy says,
adding that the family found out that their home was in foreclosure when
the sheriff came to evict them.
In an emergency hearing, the Luznars successfully proved that they did
not know their home was once again being foreclosed on; they acted in a
timely manner once they found out, and they showed that they had paid
their mortgage as dictated by their modification agreements. Meeting
these three conditions allows the family to stay in their home while the
foreclosure case is sorted out and brought in front of a judge.
"They've
taken our money, our security, our piece of mind. I have to fight back
somehow and how do you fight a bank?" Luznar says. She and her husband
spent money set aside for her son's tuition to fight their foreclosure.
Luznar also created a website at www.fraudulentforeclosure.us.
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