Florida Supreme Court to review dismissed foreclosure lawsuit against Greenacres man
By Kimberly Miller
Palm Beach Post Staff Writer
An unassuming drywall hanger from Greenacres has banks warning of a “widespread financial crisis” if the Florida Supreme Court favors him in a landmark foreclosure case justices will hear this week.
Plucked out of the 4th District Court of Appeal, Roman Pino v. the Bank of New York is the first significant foreclosure complaint to be heard by the high court since the state’s legendary housing collapse.
It’s particularly unusual because the 41-year-old Pino had already settled the case when the Supreme Court decided in December to take up a legal question it said could affect the mortgage foreclosure crisis statewide.
At issue is whether a bank can escape punishment for filing flawed or fraudulent documents in a case by voluntarily dismissing it. (A voluntary dismissal allows the bank to refile at a later date.)
That’s what Royal Palm Beach-based foreclosure defense attorney Tom Ice said happened when he challenged a document created by the Law Offices of David J. Stern and sought to question employees about its veracity. On the eve of those depositions, the bank moved to dismiss the case, blocking the court’s ability to address any sanctions.
“The objective here was to hide from punishment for the wrongdoing,” Ice said.
Rest here…
Hearing streamed live on Web
The Florida Supreme Court hearing in the case of Roman Pino v. The Bank of New York is scheduled to begin at 9 a.m. Thursday. The hearing can be watched live here.
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After watching the broadcast …Ain’t gone be a f****** thing changing in our Supreme Court. regarding foreclosures!
817.54 Obtaining of mortgage, mortgage note, promissory note, etc., by false representation.—Any person who, with intent to defraud, obtains any mortgage, mortgage note, promissory note or other instrument evidencing a debt from any person or obtains the signature of any person to any mortgage, mortgage note, promissory note or other instrument evidencing a debt by color or aid of fraudulent or false representation or pretenses, or obtains the signature of any person to a mortgage, mortgage note, promissory note, or other instrument evidencing a debt, the false making whereof would be punishable as forgery, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
the courts knew these co.’s never existed now it’s who’s got the shit on their face, NOW these court’s took OUR
homes
illegally & now supreme court is not basing these cAses on exculpatory evid, exhibits & merits on it juisdictional
descretion, ACCORDING TO THEIR SPECIFICATIONS THEIR’S RE “DISMISSED” NEVER MIND
US “PRO.SE’S it’s another way of making people go way i went on line & atty.’s who are filing the jurisdictional
briefs their cases are getting thrown out…if you got “no’ tickey, “no” shirt !!!! what about a judge bray in pasco
circuit court in 51-11-ca-2859 judge “GRANT”S fraud entity no.# 6 grandfathered in on ins. fraud case when the
1st “5” are fraud & are non-existing in fla.but judge obstructs justice…UNDER FLA. STATUE 1.120 (A) & FLA.
STATUE 865.09 ON FRAUD CLOSURE , THESE JUDGES ARE SO CROOKED THEY MAKE WORMS &
SNAKES WALK A STRAIGHT LINE..
the fact that the SC took up the matter is interesting by itself. the fact that bny paid off the house 5 months prior to SC taking up matter is even more curious.
I liken this case to a giant sinkhole opening up in the middle of lps offices, while pammy is there with her minions having one of their power lunches..
Best of luck tomorrow to Pino, Ice, Amanda and to ALL homeowners who have fallen victim to this scheme..
All eyes should be on this across the country. I pray this is just one of the first of many. I know I will be watching.
It’s not a surprise that both bankers associations try to paint the ‘fraud on the court’ as a simple mistake they should be allowed to correct. Members of these associations should have all their assets seized and redistributed to those who are victims of the fraud they try to conceal.
We hope Florida gets this right. OHIO had an identical situation in US BANK v Duvall. Like Pino, the underlying mortgage was paid off and the “Banksters” wanted the high court to allow the case to be rendered moot. Sadly, the bank sponsored justices….allowed this to happen. Florida – Please be the state to stop the FRAUD in foreclosure
See OHIO case:
http://ohiofraudclosure.blogspot.com/2011/09/ohio-supreme-courts-shocking-decision.html
See Lisa Epstein (Vote for a leader) and Mike Redmen exposing the truth:
http://ohiofraudclosure.blogspot.com/2012/02/us-bank-v-duvall-who-really-paid.html
Pam Bondi are you paying attention? You bank lover!
IT IS ABOUT PRESENTING FRAUD TO THE COURT ! The banks KNEW exactly what they did and thought we were too stupid to figure out their scam.
Then, they hire these thugs called “Froeclosure Mills”. These dirtbags, try and scare folks out of THEIR HOME, using FRAUD and LIES.
Jail the Mill Attny’s for their fraud on the courts, MERS, for FRAUD on the Land records, and the banks for TREASON.
“Fight The Good Fight”
Every Minute, Every Day.
Well said. I would be very surprised to see a complete ruling against the banks. Not unheard of, but it would soooooooo nice! To have the banks once and for all have to file their paper work in order, or not at all. These bastards get away with Fraud all the time. While the Sheeple get pillaged. Its time the banks pay back for all the homes they stole.