• 15
  • April
    2011

The Florida Supreme Court said today that they will hear a case involving a claim of foreclosure fraud. Arguments will not be heard in the case for several months, but the case is being closely watched as it could impact the possibly thousands of foreclosure cases in Florida involving faulty documents and alleged fraud.

According to the Sun Sentinel, the 4th District Court of Appeal asked the Florida Supreme Court to hear the case because they said a decision in the issue by the state's high court is of "great public importance" as the state in embroiled in the foreclosure crises.

The case, Roman Pino vs. The Bank of New York Mellon, involves a South Florida homeowner. The plaintiff claims that the bank included fraudulent documents when pursuing a foreclosure on his Palm Beach County home.

Pino says in his case that the bank should not have been allowed to dismiss its foreclosure case against him when he and his attorney accused the bank of using fraudulent documents to try to foreclose on his home. Since the bank was allowed to dismiss the case, Pino and his attorney could not pursue sanctions against the bank for its actions. Instead, the bank simply filed a new foreclosure case against Pino with new documents. Pino is still fighting this case.

The decision by the Florida Supreme Court could impact the many, many cases in Florida that succeeded by using faulty documents or were dismissed because of faulty documents. If those cases involved fraud, the decision by the high court could impact how the cases proceed.  

Source:

Homeowner's foreclosure case alleging fraud heads to state's high court (Sun Sentinel)