Along with tons of of individuals made homeless shortly by Hurricane Irma, a Jacksonville household might study this week whether or not they too misplaced their home through the storm.
It was bought in a foreclosures public sale the morning the hurricane shut down the town.
“I stated, ‘How on the planet can which have occurred when all the things was closed,’ ” stated Jack Jones, an octogenarian whose house within the Bartram Springs space close to the St. Johns County line was put up on the market on-line whereas the Duval County Courthouse was locked and empty.
Jones’s household and Wells Fargo, the financial institution that foreclosed on them, are each asking the decide who dealt with the case to invalidate the sale. The financial institution’s lawyer argued the sale violated state regulation.
“There was an irregularity within the foreclosures sale,” lawyer Heather Griffiths stated in a movement to Circuit Decide Thomas Beverly’s workplace.
She stated courthouse clerk’s employees hadn’t adopted a state regulation requiring public entry to pc terminals for the public sale at “a delegated location.”
The clerk of courts usually has terminals out there throughout auctions in six rooms of the courthouse, however these weren’t used in the course of the storm, stated Brian Corrigan, a clerk’s workplace spokesman.
The courthouse was closed Sept. eight-15 for storm preparations and injury cleanup. Virtually all of state and metropolis authorities was closed instantly earlier than and through the hurricane, which reached Jacksonville on Sept. eleven with damaging winds and excessive water that contributed to historic floods all through the area.
Beverly has scheduled a listening to Thursday on arguments concerning the motions, which the financial institution and the Joneses filed individually. The listening to might additionally contain representatives of a Westside actual property belief that apparently controls the excessive bidder for the Jones property.
The courtroom docket on the foreclosures was up to date Friday to say a title to the property wouldn’t be issued till Beverly dominated on the motions.
Twenty foreclosed properties in Duval County have been bought in on-line auctions Sept. eleven and 12, a Monday and Tuesday, whereas many others have been canceled or rescheduled that week for quite a lot of causes. No auctions have been held these days in Clay and Nassau counties, which together with Duval County comprise the state’s Fourth Judicial Circuit.
State regulation has allowed clerks of courtroom to deal with foreclosures gross sales on-line since 2008, and lots of clerks use the identical software program to schedule and run the gross sales.