WEST PALM BEACH -- Florida homeowners hoping to win back their foreclosed properties because of the robo-signer ruckus suffered a setback with a Fourth District Court of Appeal ruling in West Palm Beach.
The decision, stemming from a 2008 Miami foreclosure, said a document signed by a robo-signer was not enough to reverse a foreclosure judgment and was not fraudulent in the specific case under review.
Robo-signing became an issue this fall when bank employees revealed they swore to having personal knowledge of foreclosure cases they signed off on, when they actually did not know the details of the case.
But attorney Tom Ice of Ice Legal in Royal Palm Beach said the ruling is not a ``death knell'' for foreclosure defense because the case had two basic flaws; the deposition used to prove the robo-signing was taken in a separate case, and the questionable document was not brought to the court's attention until after a judgment had been made.
Before Wednesday's ruling in the case -- Veldrin D. Freemon vs. Deutsche Bank -- the papers could have been deemed inadmissible. After the ruling the defense had to prove fraud.
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