Posted Apr 12, 2011 12:06 pm CDT
Can a bank that files a mortgage foreclosure case based on inaccurate documents simply withdraw it when the lack of an appropriate foundation for the litigation becomes clear?
That is a central issue in a high-profile case being taken up by the Florida Supreme Court, reports the Heard Along the Coast page of the South Florida Business Journal.
The lawyer representing homeowner Roman Pino in the Palm Beach County case tried to seek sanctions against the Bank of New York Mellon, but it avoided penalties by simply dismissing the action, the article explains. Likewise, an effort by the plaintiff’s counsel to reopen the dismissed case for more discovery was also unsuccessful, and the supreme court has been asked to determine whether that was the correct result.
Meanwhile, the bank could, at least in theory, refile the case at some point down the road.
If so, however, another law firm presumably would be handling the matter: The bank was represented by the Law Offices of David J. Stern, which is currently in the process of closing down.
ABAJournal.com: “As Chief Judges Agree Law Firm Can’t Simply Quit, One Sets Hearings for 9,000 Abandoned Cases”