Enrique Nieves to Argue High-Stakes Foreclosure Case Before Fla. Supreme Court

Newcomer to Argue High-Stakes Foreclosure Case Before Fla. Supreme Court

As a relative novice in the legal profession, Ice Legal senior associate Enrique Nieves III is prepping for his biggest case and his first appearance before the Florida Supreme Court.

At 31, Nieves is assigned to argue a case that may decide the fate of thousands of mortgage foreclosures similar to his case, Roman Pino v. Bank of New York Mellon.

The question before the court seems straightforward: Can banks escape fraud claims in foreclosures by simply dropping their case?

But the ramifications are potentially severe, and with its decision the state’s high court will likely decide what consequences lenders will face for the robo-signing scandal and allegedly fraudulent assignment-of-mortgage documents that has affected thousands of cases.

The national media swarmed on the issue, and last fall lenders imposed their own moratoriums on new foreclosure filings. The attorneys general in all 50 states launched investigations of lenders.

In Nieves’ case, the 4th District Court of Appeal ruled Feb. 3 that BNY Mellon legally avoided a claim that it committed a fraud on the court by voluntarily dismissing a foreclosure action against Pino, a Lake Worth, Fla., resident. The claim was dismissed after Pino’s counsel scheduled depositions and asked for an evidentiary hearing to determine whether BNY Mellon used a fraudulent mortgage assignment.

On appeal is an 8-1 en banc decision saying courts have no authority to rescind voluntary dismissals and that no harm was done. Judge Mark Polen disagreed, saying the allegation of a systemic fraud was the very thing the Supreme Court addressed in its 2010 rule change giving courts greater latitude in sanctioning plaintiffs who make false allegations.

If the Supreme Court agrees with Polen, a host of homeowners may get a chance to seek sanctions from their lenders. Those are the stakes for Nieves.

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5 Responses to “Enrique Nieves to Argue High-Stakes Foreclosure Case Before Fla. Supreme Court”
  1. lizinsarasota says:

    It is worthwhile for all of us to read this appeal:
    It shows Mellon playing fast and loose with documents, just like we’ve seen all the banks do for so many years. It’s worth noting, as the judge in the dissent did, that Mellon only moved for voluntary dismissal after Pino went for depositions; in other words, when their attempted fraud on the court was about to be exposed they did an end run on the court’s ability to properly determine the quality of the docs they’d submitted.
    I sure would like to see the judges – at all levels – get a teeny weeny bit more PISSED OFF at the notion that a bank – supposedly such a repository of careful dotted i’s and crossed t’s – would deliberately file PHONY DOCUMENTS in court. Man alive, if I was a judge and someone filed phony docs in my court I’d be mad as a hatter and mean as a snake and I’d get to the bottom of it. I mean, what’s the point of being a judge if you have to pussy foot around??
    Good God Almighty, how long is this going to go on?
    If you haven’t read this Memorandum Opinion in In Re Wilson, you’ve just gotta. It heats up at the bottom of page 18 and roars to the finish. If you have a Lender Processing Services document filed against you, it’s a must:

  2. Wayne says:

    If Florida’s Supreme Court rules, which it should, in favor of Mr. Nieves and the people of Florida, how does that affect the rest of us in other States?

    • Stupendous Man - Defender of Liberty, Foe of Tyranny says:

      It will have no real effect. Florida Supreme Court opinions are controlling authority only in Florida state level courts.

  3. Robert Neilson, Esq. says:

    Mr. Nieves — I love your competitive and “warrior” background and the fact that you originate from the great states of Texas and Georgia, where true men are raised to know how to fight. “Remember the Alamo”, as well as the Battle of San Jacinto. You are the perfect officer to argue the important Pino case in Tallahassee. I have every confidence in your ability, and utter disdain for Ms. Giddings’ unwarranted attitude towards you.

    May God bless and guide you in this most important mission to uphold our Constitution and the Rule Of Law.

    Sir, you are welcome to contact me, should you wish to do so. Nothing to fear. Go “get ’em”. No mercy; No prisoners.

    Very respectfully, Robert Davis Neilson, Esq. (Fla Bar # 849626)

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