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Show Down In Florida – Homeowners vs Bank Of New York

by Brian Mahany

Forged mortgage documents are nothing new. Even making that statement pains me greatly. Once upon a time, no one would dream of a bank, mortgage lender or lawyer routinely forging documents. Today, its common place. A case pending before the Florida Supreme Court is set to determine if a bank that gets caught with forged documents gets a 2nd bite at that apple. We hope the justices in Florida send a clear message to Wall Street and big lenders and answer that case with a resounding “NO”!

According to published reports, Roman Pino went through a foreclosure of his home in 2008. During the case it was discovered that critical bank documents were signed by a “robo-signer” and were improperly notarized. A deposition of the bank’s lawyers apparently revealed widespread robosigning, forgeries and back dated documents. Instead of facing trial, Bank of New York dismissed the case. Sounds like a proper ending, right?

It might be if the story ended there but it doesn’t. Bank of New York filed another suit, this time claiming they had located the “real” paperwork. In the words of writer Charles Seavey, these were the “ta da” documents, or as I call them, the “sorry judge, we lied about the original foreclosure documents but this time we are really really telling the truth so believe us.”  If this sounds far fetched, its not. We are getting ready to sue Bank of New York and their lawyers here in Wisconsin for a case with remarkably similar facts.

The question being considered by the Florida court is whether a lender can dismiss a foreclosure, only to come back and refile based on the same facts. The case was argued last week – a YouTube video of the oral argument is available here from - but may take months before its decided. After listening to the entire 43 minute court proceedings it isn’t clear which way the court is leaning.

This case is significant because it is being heard by the Florida Supreme Court. Any decision would be binding on all the trial courts with that state.

Forged documents, papers that aren’t properly notarized and back dated assignments and mortgages are a huge problem. If you believe your lender foreclosed on you using forged paperwork you may have a claim against the bank, loan servicer or law firm representing the bank.

If you think you have a case and would like to confidentially discuss it with us, contact attorney Anthony Dietz at For immediate assistance, contact attorney Brian Mahany at or by telephone at (414) 704-6731 (direct).

Mahany & Ertl is a full service law firm. As a general rule, we do not handle foreclosure defense work. Instead, we sue lenders and servicers in state and federal court for their wrongful and illegal conduct including forgery. If you think you have a case that meets our criteria and feel that you have been denied justice, give us a call. Presently we have the largest federal false claims fraud case in the United States against a mortgage lender, HUD’s $2.4 billion case against Allied Home Mortgage. Large or small, we help homeowners pursue fraud cases against lenders.

Mahany & Ertl – America’s Fraud Lawyers. Offices in Milwaukee, Wisconsin; Detroit, Michigan; Portland, Maine & Minneapolis, Minnesota.  Services available in many states.


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