On Friday July 15, 2016, Florida’s Second District Court of Appeals reversed a Final Judgment of Foreclosure that was entered against my client in the case, PennyMac v. Sanbria. The full opinion is here: Sanbria
The most important thing to know about this particular case is that throughout the trial, the most important fact we hammered on again and again was the fact that the alleged “original note” was in fact a fraud, a forgery. During trial, my client testified that the alleged blue ink signature of my client was not in fact her signature. Over and over, on and on, witnesses testified that the “original note” the bank was using at trial was a fraud, a forgery. In developments that are still most infuriating to me today, so many months later, the court completely ignored our testimony and our evidence of fraud and forgery….and allowed the bank to walk out of court with a judgment.
A judgement that was predicated on well developed facts and evidence asserting that the promissory note was forged. Just think about that for a moment and let that sink in. A court has good evidence to support the allegation that a fraud is being committed in the courtroom….and yet, the court rewards that fraud and enters a foreclosure judgment anyway.
The truly terrifying thing about this case is the outcome is not at all unique. We’ve got several cases involving documented fraud…fraud that is rewarded by courts….all in service of granting judgments to banks….like the case where the bank introduced a really bad photoshop of a document…*(we subsequently got that judgment vacated)
But the larger point is this….read through the court transcript and consider what kind of country we live in where these things are permissible.
Now, granted, the appellate court reversed…but the fact that it gets to the point where appellate judges are forced to confront this kind of blatant abuse…that really is the problem. How is it that we live in a state where judges…when faced with the kind of grotesque wrongdoing litigated in this case…feel compelled to reward the bank with a Final Judgment?
Just read through the transcript…and the motions…and ask those questions by clicking here…