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florida supreme court

“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 […]

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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 […]

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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 […]

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Dear Florida judges: You’re under a lot of pressure. We understand. Foreclosure cases are at an all-time high, and still rising – and you have to figure out a way to handle them all. The foreclosure docket threatens to crowd out almost every other civil matter pending before the court – and now that foreclosure […]

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New foreclosure lawsuit rules require plaintiffs’ mills to tell the truth -and boy, are they mad! On February 11, the Florida Supreme Court amended the rules of foreclosure proceedings in a radical way: they want someone to swear that the allegations in the complaint are actually true. (Buncha bomb-throwers, aren’t they?) The amended rule says: […]

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