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Solos/Small Firms

Alert Solo Catches Clerk’s Error, Derails 200 Christmastime Evictions

Posted Nov 28, 2007 10:10 AM CDT
By Debra Cassens Weiss

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More than 200 Florida homeowners facing foreclosure got an early Christmas present from an alert Miami solo—the ability to remain in their homes through the holiday.

Solo Scott Jay was discussing a partition case with co-counsel when he noticed a problem: A clerk had inadvertently counted Veteran’s Day in the five business days that must pass after the second published notice warning of an upcoming foreclosure sale.

Jay and his co-counsel, Fort Lauderdale lawyer Kenneth Jones, notified the clerk’s office of the error, spurring the cancellation of all Miami-Dade foreclosure sales scheduled for Nov. 14 and 15, the Daily Business Review reports. The sales have been pushed back four to six weeks. Because homeowners get an additional 10 days after foreclosure to leave, they will likely be able to stay put through Christmas.

“People who were looking at being out Thanksgiving and Christmas aren’t going to be out," Jones told the legal publication.

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