Palm Beach Post Staff Writer
WEST PALM BEACH — A judge dismissed the foreclosure case against Lynn Szymoniak, the Palm Beach Gardens lawyer featured Sunday on 60 Minutes, but gave the bank 30 days to refile the lawsuit with appropriate, verified documents.
At a brief hearing Tuesday, Circuit Judge Jack Cook dismissed the case after finding that the note for the loan was not attached to the original foreclosure complaint. Deutsche Bank filed the foreclosure case in 2008, shortly after a dispute with her lender, Option One Mortgage, over her adjustable rate mortgage.
An attorney for Deutche Bank declined to comment on whether the bank would refile the foreclosure case. However, if the bank does so, it will have to comply with new, court-ordered guidelines that require lenders to verify the truthfulness of the documents. Those rules were not in effect in 2008 when Deutsche Bank filed to foreclose on Szymoniak’s home.
Szymoniak’s attorney, Mark Cullen, said the ruling is good news, even if the bank refiles . In a new lawsuit the bank would be required to attach the note for the loan.
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