An
unassuming drywall hanger from Greenacres has banks warning of a
"widespread financial crisis" if the Florida Supreme Court favors him
in a landmark foreclosure case justices will hear this week.
Plucked
out of the 4th District Court of Appeal, Roman Pino v. the Bank of New York is
the first significant foreclosure complaint to be heard by the high court since
the state's legendary housing collapse.
It's
particularly unusual because the 41-year-old Pino had already settled the case
when the Supreme Court decided in December to take up a legal question it said
could affect the mortgage foreclosure crisis statewide.
At
issue is whether a bank can escape punishment for filing flawed or fraudulent
documents in a case by voluntarily dismissing it. (A voluntary dismissal allows
the bank to refile at a later date.)
That's
what Royal Palm Beach-based foreclosure defense attorney Tom Ice said happened
when he challenged a document created by the Law Offices of David J. Stern and
sought to question employees about its veracity. On the eve of those
depositions, the bank moved to dismiss the case, blocking the court's ability
to address any sanctions.
"The objective here
was to hide from punishment for the wrongdoing," Ice said.
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