Articles Tagged with Best Foreclosure Defense Lawyer

After years of litigation and a hard-fought trial, the team worked tirelessly to prepare this memorandum: 2018-10-15 Reply to P’s Amended Memo of Law on Standing
Ten days later the Judge ruled – Case Dismissed! 2018-10-25 Signed Order on D’s Mtn for Involuntary Dismissal
Another trial, another win!

A few years ago, great lawyers who are pioneers in our field, tried to blaze a trail alleging fraud in a foreclosure case. The case went all the way up to the Supreme Court of Florida. Despite finding that “many, many mortgage foreclosures appeared to be tainted with suspect documents,” the Court ultimately held that since the bank didn’t get away with it, it’s not fraud. Pino v. Bank of New York, 121 So. 3d 23 (Fla. 2013). The Florida Supreme Court would not even commit to stating that sanctions would be warranted for the bank’s attempted use of fabricated evidence. Id.

Before the case reached the highest court in our state, Justice Polen relayed the words of Justice Farmer, writing that:

Decision-making in our courts depends on genuine, reliable evidence. The system cannot tolerate even an attempted use of fraudulent documents and false evidence in our courts. The judicial branch long ago recognized its responsibility to deal with, and punish, the attempted use of false and fraudulent evidence. When such an attempt has been colorably raised by a party, courts must be most vigilant to address the issue and pursue it to a resolution.

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