Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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William A. Roper, Jr.
The Florida Court of Appeals, sitting en banc, has handed down a decision in Pino  v Bank of New York Mellon which certifies a question to the Florida Supreme Court.  The certified question is:

DOES A TRIAL COURT HAVE JURISDICTION AND AUTHORITY UNDER RULE 1.540(b), Fla. R. Civ. P., OR UNDER ITS INHERENT AUTHORITY TO GRANT RELIEF FROM A VOLUNTARY DISMISSAL WHERE THE MOTION ALLEGES A FRAUD ON THE COURT IN THE PROCEEDINGS BUT NO AFFIRMATIVE RELIEF ON BEHALF OF THE PLAINTIFF HAS BEEN OBTAINED FROM THE COURT?
The case is:
Pino v. Bank of NY Mellon, No. 4D10-378, Florida Court of Appeals, 4th District (February 2, 2011)
http://www.4dca.org/opinions/Feb%202011/02-02-11/4D10-378.op.pdf

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Comments are solicited and encouraged!

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William A. Roper, Jr.
Ice Legal has posted a transcript of the oral arguments from the Pino v. Bank of New York Mellon case:



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Explosive stuff in deed.  It seems pretty obvious which way this one will swing.  You gotta love the line - "When is fraud not material?"  Fraud vitiates all defenses.
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William A. Roper, Jr.
The Florida Court of Appeals for the 4th District issues an opinion on Wednesday, March 30, 2011, on a motion for clarification in the case Pino v. Bank of NY Mellon.  The decision was handed down by the Court sitting en banc:
Pino v. Bank of N.Y. Mellon, No. 4D10-378, COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT, 2011 Fla. App. LEXIS 4341, March 30, 2011, Decided.
http://www.4dca.org/opinions/Mar%202011/03-30-11/4D10-378clar.op.pdf

I have not fully assessed and distinguished how this holding differs from the original decision.  I will post additional comments later this evening.

Your analysis and comments are solicited and appreciated!
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BNY Mellon is the appointed trustee of TARP Funds. Just a thought
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William A. Roper, Jr.
The original decision in Pino is now available on Google Scholar at:

http://scholar.google.com/scholar_case?case=8446564971460735025


It includes links to the cited cases.
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