Save Ana's House - Defense Fund

Save Ana's House - Defense Fund

From Bruce Jacobs

Former Cuban political prisoner ordered to pay $100,000 bond to avoid eviction. Ana Lazara Rodriguez, who survived Castro's prisons for 19 years is fighting to stave off eviction that would remove her from her Miami home

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Ana Lazara Rodriguez spent 19 years in a Cuban prison for Women for protesting the injustices of Fidel Castro. She was starved, beaten, and deprived of water during her imprisonment. She earned the nickname She was known as one of the "plantadas" or unbending ones, because her faith in G-d and justice could never be broken.

Ana was eventually set free and now in her 80s is going blind from macular degeneration. She cares for another former prisoner, Miriam, who spent 18 years in a cuban prison who is dying of Alzheimer's. They both face eviction any day now.

Jacobs Legal took on Ana's defense, pro bono back in 2019 when the Miami Herald posted the first of many stories. Bruce Jacobs discovered the evidence of systemic fraud in foreclosures involving Ana's case. Bank of America signed a $25 Billion National Mortgage Settlement for using false evidence in foreclosures between 2008 and 2010. After promising to stop, Bank of America began forging signatures, committing perjury, destroying evidence, backdating records, and defying court orders all to keep their fraudulent foreclosure machine going forward. 

Jacobs Legal filed a lawsuit to stop Ana's eviction and prove the bank committed fraud on the court in her foreclosure. The judge handling the foreclosure, Judge Charles Johnson, ordered the eviction on an emergency basis, despite there being no emergency, and said the other judge handling the fraud lawsuit had to consider the fraud. 

The Third District Court of Appeal is the appellate court in Miami charged with protecting constitutional rights of all litigants. The Third DCA denied a motion for stay pending appeal which allows the eviction to proceed even if her eviction would violate her rights under the Fifth Amendment of the U.S. constitution which states: "No person shall be deprived of life, liberty or property without due process of law." A fraudulent foreclosure is not due process.

On Thursday, May 6, 2021, in the fraud lawsuit, Judge Peter Lopez, granted Ana's motion for a temporary injunction to stop the eviction long enough to present the evidence of fraud. However, the Judge gave her 24 hours to raise $100,000 to post a bond to protect the new owner seeking her eviction on an emergency basis. The deadline was impossible to meet and already passed. But the door is still open. If the community shows its support for this fight, the Judge can still stop the eviction. Ana needs a miracle but has faith.   

Jacobs Legal created this legal defense fund to help fight Ana's case all the way to the U.S. Supreme Court if necessary. All donations will go to either posting a bond or paying the legal fees and costs needed to carry on Ana's fight until she gets justice or exhausts her legal remedies. It is a travesty to evict two women in their 80s, one going blind and the other dying of Alzheimers, during a pandemic, when there is evidence of serious fraud that the court has not yet heard.

We ask that you stand for Ana and help protect her constitutional rights, and the rights of all homeowners being evicted across the nation during this pandemic by Bank of America's fraudulent foreclosures. The foreclosure moratoriums do not protect the millions of homeowners from communities of color and the elderly like Ana who have subprime mortgages because they could not qualify for government backed mortgages. 

We have reached out to law enforcement, the Mayor of Miami Dade County Daniella Levine Cava, Congresswoman Maria Elvira Salazar and Senator Marco Rubio. Their top people know of Ana's fight against systemic fraud in foreclosures by parties to the $25 Billion National Mortgage Settlement. We are grateful for Florida State Senators Ileana Garcia, Annette Taddeo, and Commissioner Alex Diaz De La Portilla who have lent their voices to Ana's cause.  

It is going take a miracle and showing the Judge that not just the Cuban community strongly supports Ana's fight. Every American should be outraged by the injustice of this unconstitutional denial of due process. We need to show the judge that miracles happen in Miami. Ana's faith in truth, justice and the U.S. constitution are unbroken. Please support our fight. The constitutional rights you may help protect today could very well be your own tomorrow. 

Here's a link to the stories about Ana's case.

Here's a link to the pleadings filed on Ana's behalf. Lag Bomer Emergency Motion for Temp Injunuction- ELY.pdf?dl=0   

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