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Florida Supreme Court Sides with Bank in Foreclosure Fraud Case. Pino alleged the bank submitted a fraudulent mortgage assignment and scheduled depositions with employees of the bank’s law firm.
The Florida courts. case law surrounding how a plaintiff can limit its exposure to attorney’s fees liability is growing. Decisions about whether to voluntarily dismiss a claim or ask that it be.
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U.S. Supreme Court Carpenter v. Longan, 83 U.S. 16 Wall. 271 271 (1872) Carpenter v. Longan. 83 U.S. (16 wall.) 271. syllabus. 1. The assignment of a negotiable note before its maturity raises the presumption of a want of notice of any defense to it, and this presumption stands till it is overcome by sufficient proof.
"I understand they don’t like the idea that people can end up with free houses but this undermines and defies the purpose of a statute of limitations," said foreclosure defense attorney Roy Oppenheim, who is fighting a high-profile foreclosure deadline case in Boca Raton in which homeowners stand to win a multimillion-dollar waterfront mansion.
“The recent court rulings provide encouragement for Countrywide and Bank. in these cases or perhaps dismiss them in their entirety,” said Patrick McManemin, a lawyer with Patton Boggs LLP in Dallas.
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That might have been a defense had they been on opposite sides of the table, but in this case both were. where the Supreme Court unanimously held that state law governed potential the tort.
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Florida Court Sides with Bank in Key Mortgage Liability Case Contents Continuing criminal probe Court documents dealing Closing arguments renewing Foreclosure fraud case. pino Deutsche bank. "db The bank agreed to assist the continuing criminal probe. The negotiation typifies the harder line the Obama administration is taking in its second term.