Presented by Ricardo & Wasylik, PL

banking

“Many Mortgage Foreclosures Appear Tainted With Suspect Documents” says Fourth DCA Florida’s Fourth District Court of Appeal is very concerned about foreclosure fraud. In a recent case, Pino v. Bank of New York Mellon [.pdf], the Court considered the case of whether a bank can avoid court sanctions for fraud by simply dismissing its case […]

{ 2 comments }

Want to know more? Contact us at Ricardo & Wasylik, PL.

When I was a kid, I used to read science fiction novels with aliens who swooped down to Earth, attached themselves to poor innocent human beings, and control their minds to do the aliens’ bidding. When I read this order, the second of its kind from this judge, I have to wonder if that’s what’s […]

{ 1 comment }

Want to know more? Contact us at Ricardo & Wasylik, PL.

Here’s a great way to end a Friday: I just got an order in one of my cases throwing the case out of court, because the bank’s lawyers disobeyed a fairly simple rule that requires them to swear that the allegations in the complaint are true. The Final Order of Dismissal blasts the bank’s lawyers […]

{ 2 comments }

Want to know more? Contact us at Ricardo & Wasylik, PL.

Rules are meant to be followed in Pasco County Unlike in Lee County, the judges in Pasco County expect banks to follow the rules in foreclosure cases. The verification rule and its critics Earlier this year, the Florida Supreme Court ruled that plaintiffs in foreclosure cases had to verify the foreclosure complaint—in other words, they […]

{ 2 comments }

Want to know more? Contact us at Ricardo & Wasylik, PL.

This ruling is a disgrace: Lee County Judge Hugh Starnes has ruled that banks in foreclosure cases don’t have to follow court rules. At a recent foreclosure hearing, the defense attorney (Conrad Willkomm) argued that the bank had violated an important evidentiary rule: the bank was relying on its business records, but no one swore […]

{ 2 comments }

Want to know more? Contact us at Ricardo & Wasylik, PL.

When you sell a piece of property you generally presume that you are no longer responsible for what might happen to the property after it’s transferred to the new owners, but that’s not what happened to a recent caller to the firm looking for help. This individual called to ask how she could be responsible […]

{ 0 comments }

Want to know more? Contact us at Ricardo & Wasylik, PL.

Your mortgage is a thick, dense, practically unreadable document that dictates many of the terms of the relationship between the borrower and the lender on a typical home loan. The document itself is written by the bank’s lawyers, and most of them tend to use specific language that has been tried-and-true in other deals. In […]

{ 1 comment }

Want to know more? Contact us at Ricardo & Wasylik, PL.

How to beat foreclosure Today’s St. Petersburg Times features a front-page story with the bold-face heading “How to Beat Foreclosure” and tells the stories of people who have stayed in their homes for years by gaming the system. Only one problem: filing bankruptcy time and time again is an abuse of the system, and can […]

{ 0 comments }

Want to know more? Contact us at Ricardo & Wasylik, PL.

Locked out Imagine this: you’re on a two-week vacation. You come back, and find a notice on your door: Entry by unauthorized persons prohibited. Alarmed, you try your key in the lock – it doesn’t fit. You peek through the windows and see that everything you left behind is gone – your furniture, your clothes, […]

{ 0 comments }

Want to know more? Contact us at Ricardo & Wasylik, PL.