Articles Tagged with Foreclosure Defense

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.

HB 87: Henry Trawick, the Godfather of Civil Procedure and the Rule of Law Speaks…

“The enactment of §702.015 is useless, unnecessary and will not expedite the foreclosure process. It gives inadequate remedies to persons who may be seriously injured. It does not give any consideration to existing law on several points. The real problem faced in the foreclosure crisis has been the unwillingness of trial courts to insist on plaintiffs properly preparing the pleadings under existing law, enforcing existing law on the standing of plaintiffs; the refusal of appellate courts to properly enforce existing law on standing in foreclosures; and the unwillingness of banks to promptly push foreclosures to judgment to avoid paying real property taxes, condominium assessments and maintenance for the foreclosed property.”

Copy of the letter below…

All across Florida foreclosure filings are on the rise. A recent article regarding Lee County, on the west coast of Florida which includes the city of Fort Myers, illustrates this point. The Clerk of the Court there, the infamous Charlie Green, known from his disparaging remarks against “deadbeat” homeowners, stated that filings are about double this year as compared to last year. For more on the article, read here.

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