Foreclosure ruling favors bank


  • By
  • | 12:00 p.m. March 13, 2013
  • Realty Builder
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from Florida Realtors

Florida's highest court last month ruled, basically, "no-harm, no foul" in a closely watched ruling dealing with foreclosure fraud, forged documents and one of the nation's largest banks.

In a unanimous ruling, the Florida Supreme Court upheld lower court decisions dismissing a case brought by a Palm Beach County homeowner against the Bank of New York Mellon, which was accused of using forged documents in a foreclosure action that began in 2008.

When homeowner Roman Pino challenged the document's authenticity, the bank dismissed the case.

Pino contended the bank dismissed the case to hide the fact that it used bogus documents. He wanted the case reopened. The lower courts refused, saying Pino, who had reached an agreement with the bank, had not been harmed and the bank, though it may have avoided prosecution, didn't gain anything from its decision. The high court agreed.

 

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