Posted on 04/11/2011 6:16:13 PM PDT by Neidermeyer
Case involving alleged foreclosure fraud headed to Florida Supreme Court
A South Florida homeowner who is fighting a mortgage foreclosure could end up reshaping state law.
An appeals court on Wednesday asked the Florida Supreme Court to consider Roman Pino’s case as a matter of “great public importance,” a move legal experts say could result in reforms in foreclosure cases where there is evidence of fraud in the way documents were handled by lenders, mortgage servicers and law firms.
The decision by the 4th District Court of Appeal in West Palm Beach to send the case to the state Supreme Court was unusual, because neither the homeowner nor the bank seeking to foreclose on Pino’s home had asked for such a review.
“We conclude that this is a question of great public importance, as many, many mortgage foreclosures appear tainted with suspect documents,” the appeals court wrote.
If the case is taken up by the Supreme Court and results in a decision in favor of the homeowner, legal experts who specialize in foreclosure law say the case has the potential to affect thousands of foreclosures across the state where there are allegations of document fraud.
“There is this huge problem that is evident across the state. The District Court of Appeal is handing this up to the Supreme Court because of the importance of this bigger problem,” said South Florida attorney Margery Golant, who works with The Florida Bar to educate attorneys about proper document handling in foreclosure cases.
(Excerpt) Read more at 4closurefraud.org ...
PING!
Of course the contingent of FReepers will no doubt show up and state as gospel the banks are blameless and its all the fault of the deadbeats and chiselers who took out the mortgages.
> The courts in Florida are the laughingstock of the entire country because of the outrageous behavious of the banks,
THAT is an outrageous statement.
The Courts in Florida are not “the laughingstock of the entire country,” but you are working on being the laughingstock of FR, or at least, this part of it.
Try not to blow up reasoned debate with hyperbolic nonsense, okay?
It would make sense to me that most mortgages are actually owed as the banks claim. But even when that’s true, I have just as much sympathy for the banks who didn’t comply with the laws regarding the legal paperwork as the banks would have for a borrower who had committed analogous errors. In other words, not much.
The law is what it is, and banks should be held to a higher standard than non-professionals with respect to how well they comply with it.
Read up on FL SC11-697 ,, What the foreclosure mills did here was pretty much the norm ,, the only difference was that in this case ICE Legal is getting their day in court...
The foreclosure mill fabricated assignments in a blatant way, got caught and dropped the foreclosure... THEN they came back a few months later with NEW FRAUDULENT (better quality forgeries) documents, they were CAUGHT AGAIN, the defendant had depositions scheduled for all involved in manufacturing the “evidence”, plaintiff drops case trying to evade sanctions...
The FL SC came up with FS 1.110(b) to avoid this dreck ,, did absolutely no good as we’re dealing with bottom feeders.. NOW the rules will be enforced..
You may not want to admit it but FL is a laughingstock when it comes to fraudclosure. FL is a “judicial” state (unlike CA for instance) and the stench from the banks is getting on the justices robes and they don’t like being party to the fraud,, the banks have had it their way here from the beginning... they’re about to find out what courts of equity are all about..
It would make sense to me that most mortgages are actually owed as the banks claim.
******************************************
I agree but the real question is to whom is the money owed? The banks didn’t fund the mortgages with their own money ,, these were for the most part (in over 96% of cases) “table funded” loans where the banks that lent their names to the closing docs were nothing more than straw men and as they had no “skin in the game” they have nothing to lose ...
The wall streeters that created the MBS’s are being sued by the actual lenders , their clients ,, the banks really have very little to do with this ,, other than as “shorthand” for the foreclosing party .. although they are taking advantage of the situation to get FREE HOUSES fo themselves ,, houses they never put THEIR money up for...
The problem isn’t just in Florida, If other States follow and actually uphold the Law as Written, every Mortgage that was bundled and resold and repackaged and sliced and diced and... will be worthless and the Homes cannot EVER be Foreclosed upon. I suggest everybody read some of the past TickerGuy articles on This Mess.
Oh please, stop the lies!
Banks fraudulently “loaned money” to deadbeats and chiselers, and then “sold” the useless mortgages to greedy “investors”, who kept churning the hot potato of the “useless mortgage” separate from the actual title to the property.
The banks don’t own the mortgage, they sold it to groups of investors.
The investors don’t own the “mortgage” because they split the property title from the debt, and only bought the debt in their haste to resell it for profit.
Nobody has clear right of title to the property among the banks and investors involved in the sales and splits of the debt, which was defaulted, and should appear as a loss on someones books.
Now,for some unexplained reason, taxpayers are caught holding debt, but not the property titles, while the banks and the investors are fighting for property title’s they are not legally entitled to claim.
The “Property Title Insurance” companies don’t want to step up to the plate, because they will have to pay someone big money, for allowing the banks and investors to play shell games.
The deadbeats and chiselers are still the same, just looking for the next con, while keeping an eye on the Realtors who are selling property and titles that nobody legally owns.
Does that about cover the whole sordid situation?
Give credit where credit is due
Mark my words...this case is gonna make history
JPMorgue is toast.
Was appealed to Supreme Court a month ago. Appeal dismissed. Filed Motion to Reconsider, Motion for Relief Denied based on Law of the Case.
Then we have Moll v. MERS, et al
They'll tap out and beg to settle rather than bring the issues at bar to the Nine Judges (and lose again).
“I told y’all Rocket Docket was gonna die...didn’t I?”
Yes, you most certainly did tell us that.
The only way to prove fraud...is to prove fraud. Fasten your seat belts.
This will certainly be exciting. Engage!!
Seven industrial Unix boxes scrubbing actual court filings 24/7. It's public info. lol. They want a buck a page. Nah. We want 'em all.
I suspect somebody will sit the judges down and get their minds right on the subject, explaining that this is all too big to fail, and requires their stamp of approval.
Or, to quote the Bard, “A plague on all their houses!”
If I forge documentation to show title to valuable property I really do own, I’m quite likely to wind up in the slammer for the forgery, quite regardless of whether I am right in my title claims.
If you stand by the banks in this case, you would have to also stand by Dan Rather in his “fake but accurate” claims. The two situations are essentially the same. Except of course there is a good deal more doubt about whether Rather’s claims were really accurate.
Excellent post to all
If there were a way both the banks making loans with sloppy and/or fraudent paperwork AND people who lived above their means using their homes as ATM-machines and who now want a get-my-house free card ... could have to face the music, I could live happily with that.
I don’t see either thing happening.
The people who lived prudently within their means will end up paying for all this (they always do). In a just world, honest prudent people would be rewarded in some way.
We don’t live in a just world.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.