Eviction Due to Lincoln Park Tax Foreclosure Halted by Judge

by San Antonio Attorney

Wayne County Circuit Judge David Allen suspended Sonia Vargas’s eviction pending March 16, 2016 despite a continuous legal fight over her estate with the developers.

Vargas explained that the foreclosure of her home was illegal and county staffers advised last year that there was still adequate time to avoid foreclosure due to an unpaid tax bill.  The new purchaser was the city of Lincoln Park, which was then resold to another developer.

Vargas recently appealed to the Court of Wayne County to halt eviction although a judge from Lincoln Park ruled that a bond of $72,000 should be paid as surety bond.  This money serves as protection to the developer JSR Funding from potential wear and tear of her house while the case is still pending.  Vargas,without any money nor collateral to pay, cannot comply with this requirement, according to Tark Baydoun, Varga’s lawyer.

Tony Taweel, the lawyer for JSR pointed out that there was no evidence that Vargas cannot pay the bond required.  Taweel said that appeals have become a ‘monkey wrench’ into the company’s plans to rehabilitate the home and even raise property values into the neighborhood.

Lincoln Park District Judge David Zelenak ruled that JSR can evict Vargas and other people whose home are foreclosed by tax and were bought and sold by the city.  He said that all people affected should post bonds for the value of homes throughout the appeal.

Homeowners, who are still complying with their tax payment plans, were not even aware that the properties were sold until the eviction notice was given.  Missing payments were recognized but claimed that county staffers told them there was still time to save them from eviction and confiscation of property.


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