![]() But rather because, for numerous reasons, raising fraud most often only hurts our cause. It’s not because I don’t believe fraud exists or because I agree with the Supreme Court over Justices Polen and Farmer. Unfortunately, these words of wisdom were part of the sole dissent in Pino when it was before the lower level, Fourth District Court of Appeal.Įver since the Supreme Court handed us the Pino decision, I have been very reluctant to mentioned the word “fraud” in a foreclosure case. When such an attempt has been colorably raised by a party, courts must be most vigilant to address the issue and pursue it to a resolution. The judicial branch long ago recognized its responsibility to deal with, and punish, the attempted use of false and fraudulent evidence. The system cannot tolerate even an attempted use of fraudulent documents and false evidence in our courts. Id.īefore the case reached the highest court in our state, Justice Polen relayed the words of Justice Farmer, writing that:ĭecision-making in our courts depends on genuine, reliable evidence. The Florida Supreme Court would not even commit to stating that sanctions would be warranted for the bank’s attempted use of fabricated evidence. ![]() ![]() Despite finding that “many, many mortgage foreclosures appeared to be tainted with suspect documents,” the Court ultimately held that since the bank didn’t get away with it, it’s not fraud. The case went all the way up to the Supreme Court of Florida. A few years ago, great lawyers who are pioneers in our field, tried to blaze a trail alleging fraud in a foreclosure case.
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