Clarification sought in Florida foreclosure ruling
Sides spilt in requesting clarification of Florida Supreme Court's foreclosure fraud ruling
TALLAHASSEE, Fla. (AP) — Both sides agree the Florida Supreme Court made two typographical errors in a key ruling on mortgage foreclosure fraud.
They disagreed, though, Friday on how one mistake should be fixed.
The justices ruled on Feb. 7 that judges cannot stop lenders from voluntarily withdrawing foreclosures to avoid being penalized for submitting fraudulent documents.
Palm Beach County homeowner Roman Pino and Bank of New York Mellon, which tried to foreclose on Pino, agree the justices erred by saying court rules require "attorney verification" of foreclosure complaints.
Pino proposed correcting the opinion to say "plaintiff verification." The bank says that would imply the high court has ruled against letting a lender's agent verify documents, an issue still being argued in lower courts. The bank, instead, has proposed simply deleting the word "attorney."
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