Florida Supreme Court to Address Foreclosure Fraud | ROMAN PINO vs THE BANK OF NEW YORK

This is extremely big news all!

First some background…

Case involving alleged foreclosure fraud headed to Florida Supreme Court

A South Florida homeowner who is fighting a mortgage foreclosure could end up reshaping state law.

An appeals court on Wednesday asked the Florida Supreme Court to consider Roman Pino’s case as a matter of “great public importance,” a move legal experts say could result in reforms in foreclosure cases where there is evidence of fraud in the way documents were handled by lenders, mortgage servicers and law firms.

The decision by the 4th District Court of Appeal in West Palm Beach to send the case to the state Supreme Court was unusual, because neither the homeowner nor the bank seeking to foreclose on Pino’s home had asked for such a review.

“We conclude that this is a question of great public importance, as many, many mortgage foreclosures appear tainted with suspect documents,” the appeals court wrote.

If the case is taken up by the Supreme Court and results in a decision in favor of the homeowner, legal experts who specialize in foreclosure law say the case has the potential to affect thousands of foreclosures across the state where there are allegations of document fraud.

“There is this huge problem that is evident across the state. The District Court of Appeal is handing this up to the Supreme Court because of the importance of this bigger problem,” said South Florida attorney Margery Golant, who works with The Florida Bar to educate attorneys about proper document handling in foreclosure cases.

You can check out the rest of the report here…

From THETR

Although the 12-member appeals court, in a 9-1 ruling (with one recusal and one retirement subsequent to the hearing and prior to the issuance of the ruling) affirmed a lower court ruling in favor of the foreclosure mill, it obviously felt that it should be the state Supreme Court that should take a look at this issue and make the ultimate decision as to how to proceed when dealing with the dubious practices engaged in by foreclosure mills. In this regard, the court observed:

We conclude that this is a question of great public importance, as many, many mortgage foreclosures appear tainted with suspect documents. The defendant has requested a denial of the equitable right to foreclose the mortgage at all. If this is an available remedy as a sanction after a voluntary dismissal, it may dramatically affect the mortgage foreclosure crisis in this State.

In support of the homeowner’s position in this case, the following excerpt gives a taste of the vigorous, six-page dissent originally authored by the since-retired Judge Farmer (concurred with and formally filed by Judge Mark E. Polen) (bold text is my emphasis):

This issue is one of unusual prominence and importance. Recently, the Supreme Court promulgated changes to a rule of procedure made necessary by the current wave of mortgage foreclosure litigation. See In re Amendments to Rules of Civil Procedure, 44 So. 3d 555 (Fla. 2010). In approving one amendment, the court pointedly explained:

“[R]ule 1.110(b) is amended to require verification of mortgage foreclosure complaints involving residential real property. The primary purposes of this amendment are (1) to provide incentive for the plaintiff to appropriately investigate and verify its ownership of the note or right to enforce the note and ensure that the allegations in the complaint are accurate; (2) to conserve judicial resources that are currently being wasted on inappropriately pleaded ‘lost note’ counts and inconsistent allegations; (3) to prevent the wasting of judicial resources and harm to defendants resulting from suits brought by plaintiffs not entitled to enforce the note; and (4) to give trial courts greater authority to sanction plaintiffs who make false allegations.” [e.s.]

44 So. 3d at 556. I think this rule change adds significant authority for the court system to take appropriate action when there has been, as here, a colorable showing of false or fraudulent evidence. We read this rule change as an important refutation of BNY Mellon’s lack of jurisdiction argument to avoid dealing with the issue founded on inapt procedural arcana.

Decision-making in our courts depends on genuine, reliable evidence. The system cannot tolerate even an attempted use of fraudulent documents and false evidence in our courts. The judicial branch long ago recognized its responsibility to deal with, and punish, the attempted use of false and fraudulent evidence. When such an attempt has been colorably raised by a party, courts must be most vigilant to address the issue and pursue it to a resolution.

Oral arguments can be viewed here…

Full opinion and transcript of oral arguments below…

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And now today…

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Supreme Court of Florida

Briefs & Other Documents in Case No. 11-697

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More information about this case can be obtained from our On-Line Docket.

Supreme Court Notice to Invoke Jurisdiction, Acknowledgement and High Profile Order below…

http://www.floridasupremecourt.org/pub_info/summaries/briefs/11/11-697/index.html

Great job Team Ice!

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4closureFraud.org

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Supreme Court Notice to Invoke Jurisdiction ROMAN PINO vs the BANK of NEW YORK

Supreme Court Acknowledgment Roman Pino vs the Bank of New York

Supreme Court High Profile Order Roman Pino vs the Bank of New York

FL 4th DCA Pino v. The Bank of New York Mellon Opinion

FL 4th DCA Pino v. The Bank of New York Mellon Oral Arguments Transcript

Comments
17 Responses to “Florida Supreme Court to Address Foreclosure Fraud | ROMAN PINO vs THE BANK OF NEW YORK”
  1. Whip says:

    Clearly the arguments on the merits favor PINO!

    The Bank Atty could not explain the Fraud, the Fraudulent document, or the “assignment follows the note” BULL SHIT, OR the note “Blank Endorsement” Crap! She, the Bankster Attny is FOS! Clearly the Blank Endorsement argument, Holder of note is the Cover-up for the Fraudulent transfer of DOCs that indite a DEFECT MORTGAGE!

    Wonder when the Decision is out? Its been 6 months already!

  2. Dawn says:

    Having his case heard before the FL. Supreme Court is what we have all been waiting for.
    Just saw the video of the hearing at IceLegal.com.
    The lawyer for the bank did a much better job than the lawyer for Mr. Pino.
    The quality of your legal representation can be the biggest determination in winning or loosing in court.
    I hope for Mr. Peno’s sake and for all ours he gets better representation when his case goes before the FL. Supreme Court.

    • CUTE AS A BOTTON says:

      MR PENO HAHAHAHA!

    • Whip says:

      The Bank Lawyer is incompetent. I stoped counting after to 50th LIE! Fortunately, the Chief busted her arguments on FRAUD, and the “assignment follows the Note ” Bull Shit pleading!

      Same old Lawyer BS from 2006!

  3. CUTE AS A BOTTON says:

    WELL HE DENIED IT!1 SO NO CHIT!!! LMAO

  4. CUTE AS A BUTTON says:

    i thoughts of you!

  5. LW says:

    I hope this works out….I am going through sort of the same thing in Virginia. Our case is waiting for a date with the Supreme Court

  6. hopeful says:

    How long does it take the FL Supreme Court to announce their decision?

    Is this not the 4 DCA asking for permission to Dismiss WITH Prejudice?

    Thoughts?

  7. JamesM says:

    Trouble is, instead of picking a case where the appellate court sanctioned the Plaintiff, the appellate court, sua sponte, decided to ask the Supreme Court to review it’s decision in favor of a Plaintiff who used fraudulent documents.

    In effect, the appellate court is asking the supreme court to bless it’s allowance or tolerance of a level of questionable or fraudulent documents in foreclosure cases if, in the end, it reached the right equitable end. Granting the right to foreclose when the debit had not been repaid, even in the face of malfeasance by the Plaintiff.

    A trial court has wide latitude in equitable cases to fashion a remedy that fits the complaint before it. This forges ahead with the concept of equitable remedy based on the underlying financial condition of the debt, and ignoring the sideshow of questionable documents.

    Clearly the appellate court is signaling to the supreme court that if it fails to uphold it’s ruling in favor of a Plaintiff using questionable or fraudulent documents, an large number of other cases might come unraveled too: Which would cause more work for the court system at a time when it’s budget is stretched and the chef justice of the supreme court is having to issues orders laying off staff.

    The appellate court is saying, back us up on this one, make a ruling that will be state wide, QUICK, before another appellate court issues a more home owner friendly ruling which is more in line with current law and sanctions.

    Look, they are saying, we got a rube here represented by counsel who is not familiar with the Supreme Court, lets make a quick example and send them packing.

    I think the result would effectively gut, or raise the bar, on the affirmative defense of unclean hands in foreclosure cases to such a level that it would be meaningless.

    Unfortunately, unless there are other parties who file well thought out amicus curiae brief’s it is likely to be a slam dunk for the Plaintiffs at the Supreme Court. Fraud and forgery by the Plaintiff will no longer matter so long as the end result is an equitable resolution of the money owed.

    The ACLU, law professors, the bar and anyone else seriously intrested in the rule of law, rather than fiefdoms, should file friend of the court briefs supporting the existing case law and common law regarding the basic doctrine of unclean hands preventing a party gaining relief from the court.

    It comes down to: The power of banks to corrupt the judicial system, v. The rule of law.

  8. marilyn lane says:

    CORRECTION the below article came from pre Scott .com

  9. marilyn lane says:

    I do hope the Florida Supreme Court and the Chief justices of the other 49 States start issuing mandates that will not allow false dates and fraudulent documents to be used past , present and future to have ousted or will oust the true owners of their properties. .

    With the massive fraud in the courts, Ivent is right on the button . We are headed down the path of the enclosed article. I found on the internet,

    Nation’s Chief Justices Examine Lessons of the HolocaustSep 23, 2009 … Supreme Court Chief Justices from all 50 states and the six US territories … overview of the role German courts played in the Holocaust. …
    http://www.prescottenews.com/…/15369-nation’s-chief-justices-examine-lessons-of -the-holocaust

    Wednesday, 23 September 2009 21:37 Nation’s Chief Justices Examine Lessons of the Holocaust
    Written by Tracey Horn from prEnews.com

    Sheila Polk, Yavapai County Attorney, addressing the conference on the importance of the Lessons of the Holocaust.An initiative started in 2006 by the Jewish Community Foundation of Greater Prescott took to the national stage on Sunday, August 2, 2009 when Supreme Court Chief Justices from all 50 states and the six U. S. territories gathered at their Annual Educational Conference in Santa Fe, N.M.

    Developed by the U.S. Holocaust Memorial Museum and funded by the Hecht Family Foundation, the conference’s joint educational session, “Law, Justice, and the Holocaust: How the Courts Failed Germany,” featured a historical overview of the role German courts played in the Holocaust. Next, the Chief Justices discussed how the lessons of the Holocaust apply to their role and responsibility in American society today. The response to the innovative program was overwhelming, with more than twenty of the Chief Justices requesting the program be presented at judicial conferences in their home states. The Holocaust Memorial Museum will start honoring those requests as early as October of this year when the Museum’s staff travels to Oregon for the first of these invitations.

    “Though an uncomfortable subject matter at times, it is educational to place ourselves in the time and manner of judges during the Third Reich,” said moderator Honorable Ruth McGregor, retired Chief Justice of Arizona. “It is good to discuss how judges crossed the line from law—to a law altered to fit the thinking of a controlling society. To hear how the vocabulary of law changed, and how it happened so quickly.”

    The session in Santa Fe is the outgrowth of action initiated in March 2006 by the Jewish Community Foundation of Greater Prescott when it sponsored twelve local law enforcement leaders to attend the Holocaust Memorial Museum’s “Law Enforcement and Society: The Lessons of the Holocaust” in Washington, D.C.

    Following this experience Yavapai County Attorney Sheila Polk worked with the Jewish Community Foundation and Holocaust Museum to bring a similar program to Arizona’s state prosecutors at the Arizona Prosecutors Annual Conference in the summer of 2007.

    A year later Polk helped develop another version of the program for Arizona judges. “How the Courts Failed Germany: Justice in the Nazi Era” was presented to approximately 700 Arizona judges at their 2008 Annual Summer Conference in Tucson. Honorable Ruth McGregor attended that conference and helped propel the program to the national stage in Santa Fe.

    One can sense the passion with which Polk believes in the program when she stated: “This program opens up so many conversations. It helps us rise above the day-to-day and see the larger landscape. It allows judges to re-examine their unique relationship to the people and the Constitution. We all take the same oath to protect the liberties of the people, their constitutional rights. It is important to keep this in focus.”

    Lest judges today consider themselves immune to distortions of justice perpetrated by judges during the Holocaust, Margaret Marshall, Chief Justice of Massachusetts and President, Conference of Chief Justices, issued this warning: “Don’t think this couldn’t be you.”

    • l vent says:

      Excellent job Marilyn! The Supreme Courts of Ill. and Fla. BETTER GET THIS RULING RIGHT AND GIVE HOMEOWNERS PROTECTION FROM THESE TYRANNTS WHO ROBBED US. THE ONLY REALLY FAIR DEAL FOR HOMEOWNERS IN FRAUDCLOSURE WOULD BE NATIONWIDE LOAN RECISSIONS BECA– USE OF THE ORIGINATION FRAUD AND THE PONZI SCHEME WE NEVER AGREED TO PARTICIPATE IN. The American people’s PROPERTY RIGHTS AND FREEDOM are under attack HERE IN THE UNITED STATES OF AMERICA.. That should never, ever even be possible in THE UNITED STATES OF AMERICA. We The People have certain UNALIENABLE RIGHTS under OUR U.S. Constitution and OUR U.S. Bill of Rights that PROTECTS THE PROPERTY RIGHTS OF UNITED STATES CITIZENS THIS IS A TYRANNY THAT IS OPPRESSING THE PEOPLE OF THE UNITED STATES OF AMERICA.. THIS TYRANNY CANNOT BE ALLOWED TO STAND IN THE LAND OF THE FREE AND THE HOME OF THE BRAVE and is PRECISELY THE REASON OUR FOREFATHERS GAVE US THE RIGHT TO BEAR ARMS. WE THE PEOPLE DEMAND JUSTICE FOR THE HOMEOWNERS WHO HAVE BEEN VICTIMIZED BY A COMPLETELY CORRUPT SYSTEM THAT HAS ALLOWED THE ROBBERY OF MILLIONS OF ITS OWN CITIZENS WEALTH AND NOW MUST RULE TO PROTECT ITS CITIZENS FROM THE VERY SAME CRIMINALS THAT DEFRAUDED US. THIS SAME CABAL OF CRIMINALS NOW WANT TO STEAL OUR HOMES THAT THEY DO NOT OWN AND ALSO WANT TO BANKRUPT AMERICA AND DESTROY OUR NATIONAL SOVERIEGNTY. NATIONAL SOVEREIGNTY WILL PREVAIL UNDER THE UNITED STATES CONSTITUTION. GOD BLESS AMERICA. DEATH TO THE FASCIST TYRANNY, THE NEW WORLD WORLD ORDER. WE THE PEOPLE WILL HAVE NO NAZI RULE HERE IN THE UNITED STATES OF AMERICA.

      • marilyn lane says:

        I vent
        – Do you know about this book? Also searching the Internet I came across this June Wisniewski website. It says her address is renojune@judicialterrorism.com

        The Anti-Government Movement Handbook
        Mon May 12, 2003

        Judges Being Secretly Trained To Resist Arguments Based on Constitution

        Fearful of growing backlash from the public against arbitrary, prejudiced, and even malicious judgments that are protected by judicial immunity, judges have banded together under government sponsorship to devise means of defending themselves from aggrieved and increasingly militant pro se litigants.

        Continuing Education Credit Prejudices Judges
        by June Wisniewski

        The Anti-Government Movement Handbook is a training manual for judges and court staff against pro se litigants, published in 1999 by the National Center for the State Courts (NCSC) in Williamsburg, Virginia. This book, along with Dealing With Common Law Courts: A Model Curriculum for Judges and Court Staff, published in 1997 by NCSC, was developed from an Institute for Course Management (ICM) course on dealing with common law courts, held in Scottsdale, Arizona, February 5-7, 1997.

      • l vent says:

        Hi Marilyn!. No, I never heard of her but i will check out the link you posted. This all sounds really interesting. I hate all of these Nazi bastards. These judges are really unbelievably sick to go along with any of this tyranny. It makes me wonder if they were even born in this country. This is the kind of sick tyranny they want for their grandkids and so on? It is hard to believe America could be this corrupt and anyone would want their children or the childrens children to grow up under such an oppression. All of America better wake up because the alarm bells could not be ringing any louder. Max Keiser had some really interesting things to say today on his show about the vast criminal enterprise The BANKSTER/WALL STREET/ FEDERAL RESERVE BANKING SYNDICATE A/K/A THE NEW WORLD ORDER. Max reported the TRUTH today about what we all suspected, the IMF(THE INTERNATIONAL MONETARY FUND) A/K/A THE NWO are one of the biggest shareholders in none other than FANNIE MAE AND FREDDIE MAC. So there is the proof of the TREASON. This is why they are trying to DESTROY our Constitutional Rights. Our U.S. CONSTITUTION OVERULES THIS NWO FASCIST TYRANNY. National Sovereignty will prevail. Here is the link to the Keiser Report. http://maxkeiser.com/ DEATH TO THE TYRANNTS A/K/A THE NEW WORLD ORDER.

  10. CUTE AS A BUTTON says:

    I SURE HOPE YOU KEEP ME POSTED!!!!

  11. J A says:

    Excellent news. It will be interesting to keep a close watch on this as it unfolds!

  12. Lit Gant says:

    Do not hope to much. These are the head foxes who thus far have done nothing to stop the circuit judges and their sham robo-stamping foreclosures. NOTHING! I think they will find some slick way to help beat up the home owner so they can save the reputations of those in the lower judiciary who are sham judges. We will watch and see if the Supreme foxes are going to give the sheep some mercy?

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