BONY v PINO | Justices Weigh Bad Documents vs. Debt in Foreclosure Case

Justices weigh bad documents vs. debt in foreclosure case

TALLAHASSEE — There was no slam dunk for homeowners in the Florida Supreme Court on Thursday as justices considered a Greenacres foreclosure case, commenting at one point that the defense attorney was just looking for a “gotcha to get out of the mortgage.”

The case, Roman Pino v. the Bank of New York, is the first significant foreclosure complaint to be heard by the high court since Florida’s housing collapse. Although Pino and the bank reached a settlement last year, justices said in December they wanted to weigh in on the potentially benchmark case.

At issue is whether a bank can escape scrutiny for filing flawed or fraudulent paperwork by simply dismissing the foreclosure.

Lenders maintain that the right to voluntary dismissal is a long-established rule of law, which, if overturned, would have sweeping consequences not just in foreclosure court but in all litigation.

Homeowner advocates complain it is too often used as a shield against punishment and doesn’t fix the underlying allegation that fraudulent paperwork was filed in court.

“There has never been a matter of greater public importance than this court’s obligation to deter fraud and defend its integrity,” said homeowner attorney Amanda Lundergan, of Ice Legal, in her opening remarks.

Rest here…

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4closureFraud.org

Comments
7 Responses to “BONY v PINO | Justices Weigh Bad Documents vs. Debt in Foreclosure Case”
  1. Chris says:

    Yep, the banksters can do whatever they want too. Seems that way to me. Cite them for contempt of court if they don’t want to sanction and give any money to the homeowner.

  2. MARGETTA LANGLOIS PRO.SE says:

    AND ALL 7 OTHER ENTIES WERE NOT LEGAL IN FLA .BUT JUDGE’S LET THEM ABOARD I’VE GONE UP

    AGAINST 7 + ATTY.’S & 6 FRAUD CO.’S …..NOW STILL FIGHTING EVEN W/ THE FRAUD & ILLEGAL

    COURTS FROM STOP ME FROM FILING THAT’S ‘OBSTRUCTION OF JUSTICE’ TO CREATE A ‘GROSS’

    MISCARRIAGE OFJUSTICE…..

  3. MARGETTA LANGLOIS PRO.SE says:

    IT IS DISGUSTING WHEN PASCO CIRCUIT COURT LET’S THIEVES, FRAUDERS THAT WERE NOT A DEF

    UNTIL 13 MONTH LATER, IT’S PATETIC THTJUDGES STOOP THAT LOW THEY’RE TOO COMFORTBLE IN

    THEIR SETS & ABUSIVE POWERS …. THEY’RE ABOVE THE LAWS & BREAK THE LAWS…

    VERY S-A-D…..

  4. This is a Felony !! Why is nobody sitting in jail? says:

    RE: Justices weigh bad documents vs. debt in foreclosure case

    Kimberly,

    You have been doing great work, and I am glad you are the “voice in the wilderness,” and that you continue to follow the mortgage debacle, but it looks like you are getting a little soft. My guess is that it is your editor and not you. The Pino case is not a case of “flawed” or sloppy paperwork. This is Felony forgery, fabrication of evidence, and fraud on the court. This was an organized conspiricy to commit fraud on the court to coverup bond fraud, securities fraud, insurance fraud, and tax fraud. Mr. Pino’s little forclosure is the final crime in the coverup.

    The Pino case is a “smoking gun” case where a mortgage assignment was backdated so far that the Notary Stamp could not have existed. They are caught. This is a case they can’t talk their way out of because the document has a book and page number in the country recorder’s office. They are caught and need to go to jail. This is not robosigning. This is not sloppy paperwork. This is a felony crime punisable by jail time.

    The Supreme Court Judge said the defense was looking for a “gotcha” “to get out of the mortgage” What if this was not a foreclosure case? What if it was medical malpractice case and the patient was maimed or killed? Can the lawfirm just create a fake report saying everything was Okay and have a fake doctor sign it using a fake Notary stamp? Is that a “gotcha” to avoid paying millions in malpractice insurance. What if it was a “civil” wrongful death trial? Can the lawfirm submit fake evidence to save millions and if they get caught “red handed” with fake evidence they just dismiss the case and refile? Well the victim is already dead so whats the harm? Is that a “gotcha” to get out of paying? But with a foreclosure you can manufacture evidence, forge a name as a Corporate officer, and get a fake Notary stamp and it is Okay because the homeowner was late on the loan? They were debating the “rule” to dismiss and overlooking the criminal aspect. Where is the Attorney General’s Office? Why has nobody been arrested? This is Rackettering, an organized scheme to defraud. If they can’t forclose without commiting multiple felonies something is very wrong, and if the court allows felony forgey because the homeowner was in default we have problems trusting evidence in every case filed.

    “Fort Lauderdale-based attorney Bruce Rogow, who represented the bank during Thursday’s hearing, said punishment can be levied without overturning a dismissal.
    “Clearly there is no basis in setting aside the voluntary dismissal,” he said. “There are other remedies for fraud, and we support those other sanctions.”

    Forget Sanctions – they need to start putting people in jail.

    FS 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.

  5. I have long thought that acts of fraud or any unlawful behavior if documented or witnessed must then be prosecuted by the appropriate government officials. I guess it is different for the banksters and their representatives. Perhaps it is time for We The People to start taking the various criminal actions to the Grand Juries instead of relying on our government servants whom appear to utilize the legal option of selective enforcement.

    • Anynomous says:

      I, too thought one gets punished creating fraudulent documents and presenting them in court. I consider suing my bank with my own fraudulent made up documents and signatures…..I can at least give it a try. If I get caught I voluntarily dismiss and try at a later date!

      May be we should all become Mers officers and assign our own mortgages to whoever we feel like!

      • J. Alonzo says:

        Oh no! You can’t do that! Only the Banksters are above the law. Pam Bondi would prosecute you to fullest. She would make an example out of you. She would make a televised media representation on how her office is out to get fraudsters. Just like mortgage fraud cases. They only charge the SHEEPLE and never the banks. The whole thing s corrupt.

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