A February 8, 2013 Reuters online article announced that Floridaâ€™s Supreme Court issued a ruling that prevented a homeowner from re-opening a voluntarily foreclosure even though it was found that the bank falsified documents.
The Florida case involved a Florida homeowner who filed for foreclosure after receiving a past due mortgage notice. The homeowner agreed not to contest the bank foreclosing on the property. However, the homeownerâ€™s attorney later found out that the bank had backdated some of the documents that they had filed against the homeowner. The caseâ€™s original issue resulted from a robo-signing scandal, which involved banks signing off on foreclosure documents without verifying for accuracy.
When the homeownerâ€™s attorney learned that the documents were backdated, he petitioned the court to reopen the case. The case reached the Florida Supreme Court addressing a policy question of whether or not a voluntary dismissal could be reversed when allegations of fraud are argued. The court ruled that unless the homeowner had obtained an affirmative relief from the bank there was no remedy the court could grant. Had the court ruled against the bank, then the court could have opened the door to a higher financial liability standard on all banks in the state.
If you are facing a housing problem, whether you are having difficulty paying your mortgage or you are facing foreclosure, then you should speak with a qualified attorney. Mr. Lutzky of Jayson Lutzky, P.C. offers free in person consultations and has helped thousands of satisfied clients over the past 30 years. He represents clients in personal bankruptcies. Call 718-329-9500 to contact his office or visit his Website, www.MyNewYorkCityLawyer.com.