Miami Commissioner Joe Carollo has caught a temporary break from the auctioneer's gavel, thanks to a court decision delaying the foreclosure sale of his Coconut Grove home. The auction was originally scheduled for March 19 but, has been stalled as federal courts chew over the possibility of constitutional homestead protections for Carollo and his wife.
According to WSVN, a judge recently sided with Carollo's legal team's contention that the home could not be sold off while its homestead status under Florida law was in dispute. The delay marks a considerable win for Carollo, who is fending off the potential loss of his home, set to cover a hefty $63.5 million civil judgment. The judgment, arose from a suit filed by two Little Havana businessmen who accused Carollo of leveraging city resources to harass, and sabotage their ventures.
During a recent court hearing, as reported by Local 10, U.S. Magistrate Judge Lauren Louis indicated a stay might be forthcoming. Jeff Gutchess, representing the businessmen Bill Fuller and Martin Pinilla, relayed to the U.S. Marshals that the March 19 auction should not proceed for the time being.
"I don't think the sale can go forward while the exemption is pending, and undecided," stated Judge Louis. Nevertheless, as the legal eagles circling the case have noted, the homestead exemption issue is not so easily resolved into black and white. Carollo's attorney, Mason Portnoy, passionately defended his client's rights to his abode, "a man's home is his castle and we are here to protect it, because it is entitled to that protection."
What comes next hinges on further court deliberation, with two pivotal hearings set—the first for the following Friday, and another slated for April 5. While Carollo sees the postponement as a "good day," he remains burdened by the weight of a verdict he hopes to overturn, his future uncertain as he ponders the plight of the less fortunate he observed on his way to court, saying to reporters, "As I was coming to court today, I am seeing all these poor people in tents on the sidewalk and more than ever, I just had to wonder what their lives are like, could that be me in the future?"
The legal dispute follows revelations of Carollo's alleged misuse of city resources against business owners who supported a political rival. The commissioner has remained steadfast in his denial of any wrongdoing, as the courts continue to peel away at the layers of his home's homestead status and the future of the $63.5 million judgment that hangs over him.
