Marietta woman fights to keep home
by Jon Gillooly
jgillooly@mdjonline.com
August 22, 2010 12:00 AM | 5266 views | 35 35 comments | 22 22 recommendations | email to a friend | print
Luz Cardoza stands in front of her home in St. Charles Square near the intersection of Sandy Plains and Scufflegrit roads. Cardoza was told foreclosure proceedings on her home would be postponed until Sept. 7. But on July 6, the house was sold on the courthouse steps.<br>Photo by Jim Bolt
Luz Cardoza stands in front of her home in St. Charles Square near the intersection of Sandy Plains and Scufflegrit roads. Cardoza was told foreclosure proceedings on her home would be postponed until Sept. 7. But on July 6, the house was sold on the courthouse steps.
Photo by Jim Bolt
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MARIETTA - A Marietta woman is fighting to keep the home that she raised her two daughters in.

It was bad enough that Luz Cardoza's husband filed for divorce after 28 years of marriage. But when she found out that he had stopped making payments on their home, prompting Wells Fargo bank to move forward with foreclosure proceedings, she hit rock bottom.

"I had a nervous breakdown," she said.

Last month, Cobb Superior Court Judge Robert Flournoy finalized Cardoza's divorce, awarding her the house, which is in the St. Charles Square subdivision near the intersection of Sandy Plains and Scufflegrit roads.

Cardoza and her then-husband bought the four-bedroom, two-story house in 1998 for about $200,000, she said. During their marriage, her husband had made the house payments. She was unaware that he stopped making the payments, she said, and that the bank was in the process of foreclosing.

Cardoza said she learned in May that her home was scheduled to be sold on the courthouse steps in July, and that's when she contacted the bank to try and stop the proceedings.

And in a letter from the bank's lawyers, McCalla Raymer, LLC, dated July 6 - the day the house was to go on the auction block - Kerry Rockey, of the law firm, wrote to Cardoza that the foreclosure would be postponed to Sept. 7.

But that's not what happened.

On July 6, the house was sold on the courthouse steps to an investment group out of Canton, OREO Funding Solutions, LLC for $180,000.

Astounded, Cardoza, contacted the bank, asking what had happened.

The bank responded in a letter dated July 9.

"We may at times agree to postpone the date of a foreclosure sale as a result of these negotiations; however, foreclosure action is not halted or suspended until a viable plan has been approved and the first payment of that plan is received. Since no plan was established before the foreclosure sale date of July 6, 2010 our action is valid and we must respectfully deny your request to rescind the foreclosure sale," the bank wrote.

No such stipulations were mentioned in the July 6 letter from the bank's law firm to Cardoza.

When contacted Friday by the Journal, the writer of that letter, Rockey, refused to comment.

By Cardoza's account, "They lied to me. That's wrong."

Jay Lawrence, a spokesman for Wells Fargo, said his bank tried to prevent the foreclosure "through numerous contacts with the homeowner up until the point of the foreclosure sale."

"The fact that this is now in litigation limits our ability to provide more details at this time," he said.

When the new owners of her house served her with an eviction notice, Cardoza hired Marietta attorney Justin O'Dell, who obtained a temporary emergency restraining order from Flournoy.

A full hearing is set for 9:30 a.m. Friday.

Cardoza, a translator for the Cobb School District's International Welcome Center, said she has always tried to do the right thing. She raised two daughters, who are graduates of Sprayberry High and Campbell High School's International Baccalaureate program, and sent them to college. She has been active in PTA, Girl Scouts, the 4-H Club, as well as Transfiguration Catholic Church off Blackwell Road. When she moved with her husband from Venezuela in 1985 because he took a job with Voice of America in Washington, D.C., she applied and became a U.S. citizen through the proper channels.

But Cardoza said she's not leaving without a fight.

"It's my home. It made me very mad. These are very bad times for people, and they don't care," she said.
Comments
(35)
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me again!
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August 24, 2010
A really sad story but.... common sense should have stepped in. Too bad sweetiee... you are not the only victim this is happened to. So sad - dry your tears and move on. The moment he filed for divorce you should have obtained an experienced divorce lawyer - for goodness sakes there are plenty around here. and... based on the information presented - you have a number of contacts that sould have assisted you WAY before this all happened. Let this be a lesson for all.
Uncle Sam
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August 24, 2010
Boo Hoo . Now she can find out what it is like to be an American !All Americans struggle just like everyone else ! I now a Vietnamese store owner that is losing his million dollar home and closing three stores. He said that Obama is destroying the American dream ! I was working two jobs to pay down the debt that I myself caused by buyinhg a second home to rent out and then I did a short sale before everyone else in the country forclosed. No story was written about me or the Asian store owner. No person in America is suposed to be born/granted with a silver spoon in the mouth ! There is nothing racist about pointing out that this womans story is no different than my story or anyone elses reguardless of her nationality or citizenship status. There are already millions of story's like hers black,white, and rainbow ! When will people wake up? The next story I see in the journal should be more graffic and truthful on the real danger America and Americans and Illegal aliens are in with Jobs and housing and a Government from local,state and Federal that does not care about Americans and America anymore .
RG72
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August 23, 2010
Big surprise to see the hateful, white male anger spewwed on the MDJ blog. (For the record, I'm a white male born in Kennestone Hospital 38 years ago.) Know the facts idiots before making your typical assumtions. I know you want to blame a foriegn born woman asking for justice because it's in your DNA to do so, but for once why not get the facts of the situation before casting stones? I just don't understand the hate - it's getting scary.
mk- bucket o tears
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August 23, 2010
Like I said,.... MDJ,..let's please see more stories on American citizens whose lives have been destroyed by ILLEGAL aliens. I didn't comment on Ms. Cordozas immigration status, but I will say ignorance of the law is no excuse! She should have been on top of her financial situation & obligations.
& so...
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August 23, 2010
How is she any different from any other homeowner? If her name was on the security along with the (ex)husbands then they were both equally responsible to make the payments. PERIOD
mdj reader
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August 23, 2010
It's amazing how racist some can be. The article clearly states that she is now an American Citizen. This country is made up of legal citizens, which she is one of.

If she was not living in the home she did not know that they started foreclosure proceedings. She probably still trusted her EX.

Don't trust your ex-husband! I wish you the best of luck for you and your girls.

howdy1
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August 23, 2010
hey captain fritz. marietta is a city, not a county. its a great place to live, and shut your hole.
LawPatrol
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August 23, 2010
« mk-so what? wrote on Monday, Aug 23 at 10:41 AM »

Then you can do my story-

Smyrna woman fights to keep SANITY!

I am so SICK & TIRED of people coming to this country & expecting everything to be handed to them on a silver platter!

If you are sick and tired, perhaps you should see a doctor about your condition. If you are losing your sanity, a good psychiatrist could help you through it.

Nowhere does it say anything about an illegal alien in the article. This lady has followed the Laws and Rules, adopted by We, the People, in becoming a naturalized citizen of this Country, and being entitled to the same Rights as any natural born citizen.

LP.
Bank Manager
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August 23, 2010
There are two stories here. One is the unfortunate story of a family divorce in which the ex-husband deliberately destroys the family's largest asset in order to punish his ex-wife. The judge should throw the book at this clown and force him to pay the wife the equity he squandered in the house - in cash.

The second story is the illogical behavior of banks who through their own stupidity are destroying the value of their real estate portfolios and thereby financially harming every responsible homeowner in the US. This was an ideal opportunity for Wells Fargo to reach a win-win settlement and salvage the mortgage. Instead they go through with the forclosure and de-value every other house in Cobb County.

Clearly some of the commenters here don't own homes or are too stupid to understand that banks are stealing their net worth through these insane, illogical foreclosure practices. Incompetent banks have may have decreased the net worth of your own house by 20% or more -- but all you care about is sending a LEGAL immigrant back to Venezuela. What a bunch of dopes.
LawPatrol
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August 23, 2010
« ModernPatriot wrote on Sunday, Aug 22 at 10:30 PM »..........................................

It appears that you are a slave to the Corporate Empire in your defense if it, and that makes you the idiotcrnpi. I can only guess that you enjoy slaving for the Empire, by working for it and giving a very large portion of the fruits of your labor, voluntarily, to those who dictate what, where, and how you live your life.

More power to Mrs.Cardoza in her fight for what is right and judicious.

LP.
another thought
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August 23, 2010
Some posters have suggested she return to where she came from (Venezuela). This is somewhat confusing since it appears her daughters are in fact American, and she is also an American since 85.

So basically, if she does not like getting screwed over by big business then she should go back where she came from!? I would prefer to read more support against such discrimination as this sort of unjustified practice needs to be corrected for all not just her situation.

Just a thought
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August 23, 2010
I can see both points of view quit clearly. This is indeed a business transaction and Wells Fargo is publically clarifying their reputation in the process to the general public.

This appears another negative situation for Wells Fargo and there are recourses for this down the road. Wells Fargo continues to engage in controversial business practice when most business, large and small, should demonstrate concern for their public relations. Wells Fargo is clearly NOT concerned for their customers through their short sight and desperate actions. This is BAD business.

As I understand it, Mrs. Cardoza did well against unjustified means in court with regards to the divorce proceedings. I would highly recommend she continue her FIGHT against BIG business and their unjustified practices.

Be sensible yet NEVER give up on what you believe is right.

Wake up call
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August 23, 2010
Women out there - see this as a wake up call. If you get the house in the divorce, obtain a quit claim deed and refinance the mortgage in your own name.

As long as you depend upon your EX husband to support you, you'll never be free. Get a job and stand on your own two feet.

There are too many women out there that nobly stay home to raise the children and have no outside career. They are then unable to support themselves when their husbands leave them for whatever reason and expect the husband to continue to support them. You can't have it both ways.
mk-so what?
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August 23, 2010
Then you can do my story-

Smyrna woman fights to keep SANITY!

These sobbie sob stories just amaze me!

Lets see a story on how Deputy Loren Lilly's family is holding up years after his murder by drunk illegals! Or a day in the life of poor , sweet Kathy Inman, who is still having surgeries 10 years after the car accident caused by an illegal, killed their only son, Dustin!

I am so SICK & TIRED of people coming to this country & expecting everything to be handed to them on a silver platter!

Please , MDJ, no more stories like this!
PBL
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August 23, 2010
God Bless you, I pray you may stay in your house. May justice prevail in this case.
Captain Fritz
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August 23, 2010
Wow, is all I have to say. It's as if members of the divorced husband's family have started commenting on this story to write personal attacks against Ms. Cardoza. Many of you also act as if she is a recent immigrant. Before you make blanket, hateful, border-line racist statements, you may want to learn more about the individuals involved. I don't live in Marietta County, but you certainly make it seem to be a very unattractive place to live.
a friend
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August 23, 2010
Well I DO know the whole story. Mrs. Cardoza had moved out of the house during the divorce. Her husband was living in the house all this time alone, and it was up for sale. Mr. Cardoza didn't tell anyone that he wasn't making the payments. He had hoped that his wife would get nothing in the divorce. There was quite a healthy equity in the home, which would have helped her out with a new start.

The notices were sent to the home in which Mr. Cardoza occupied alone. Mrs. Cardoza tried for months to do something about it when she found out what was happening. She got nothing but run-around tactics from the bank. She had her lawyer schedule an emergency hearing, so there was seriously two lawyers and a judge trying to get Wells Fargo to do the right thing. She had the money to catch everything up. Mrs. Cardoza and her attorney have correspondence that the home would not be sold, they got different answers from everyone they talked to. In the end the home was sold out from under her, by a greedy corporation trying to pocket as much of the healthy equity as they could.

So those people who tried to accuse Mrs. Cardoza of not being intelligent, and it being her own fault can line up and apologize.
passerby
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August 22, 2010
This is my second comment on this story. Who knows why my first never was shown. This woman has the intelligence to work a job, raise 2 children and send them to college, and yet she lets herself get into this position. The bank would have sent late payment/non-payment notices to the address of the property, did she NOT open them. Why would she wait for the eviction BEFORE she retained an attorney? Now she's ready for a "fight"! Ms Cardoza this is not your native Venezuela, this is NOT a bullfight, this is business, plain and simple. Now that you're divorced and you are an "empty nester" maybe it would be to your benefit to downsize.
fallguyx
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August 22, 2010
Go after them, I would normally say they had the right but when they do not hold thier end of the deal which you have in writing I say go after them get your house back and go for more. You should get something for the bull they have put you through. Wells Fargo we all will remember you when we refi or buy a new home. You will not be the choice for many.
ModernPatriot
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August 22, 2010
Law Patrol you're an idiot. The payments weren't made so the house was foreclosed on. It sucks for her, but when she was awarded the house in the divorce, she should've checked on the status. I feel sorry for the lady, but this no fault of a "corporate empire," but of her and her ex-husband.
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