Yet Another Example of Special Laws for the Banks!

 subsequent opinion, Pino v. Bank of New York, 121 So. 3d 23 (Fla. 2013), the  Court of Florida wrote, “… the context of the issue as presented in this case arises out of a widespread problem associated with fraudulent documentation filed by various financial institutions seeking to foreclose on real property throughout the state…”

So, if [the prior servicer] made a mistake there, your process does not catch that. It can’t. Right? It can’t. I mean, I’m just – because I understand that you do the math, and you add up and try and make sure that what [the prior servicer] is saying, got this payment, got this payment, didn’t get this payment all matches with the numbers. But the accuracy of that initial input, that initial data insertion that’s [the prior servicer’s]; [the current servicer] doesn’t know anything about that.”  Witness’ response: “That is correct, Your Honor.”

That was really a nice win and hopefully we’ve opened the door. Verifying for accuracy is a lie and now the head foreclosure trial judge in Broward is at least open to the idea that robo testifying as to verifying should not be summarily accepted. He told me after the trial that ever since Calloway, witnesses have been repeating those magic words and no one had challenged them on that issue before me. I call this trial lawyer Aikido. My high school team debate partner was a master of this technique. Take the other side’s best argument and don’t just try to deflect it, arguing it does not apply for some reason or another. Instead, take their best argument or case and find something profound about it that you can use against them! Randy too is a master at the art of Aikido trial tactics. I’m sure he and I will look back on this trial win for years to come, as the first of many trials we won together for our clients!


If you are in Florida and are looking for help with debt and foreclosure, call us at (855) 55-ROSEN or fill out our online form for a FREE CONSULTATION. Let the lawyers and staff at The Law Offices of Evan M. Rosen serve you!
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