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Roman Pino Case Imperative to Florida Supreme Court’s Integrity

The Court's Integrity Must Be Beyond ReproachI’m not a reader of tea leaves, so I am not about to guess how the Florida Supreme Court will ultimately rule on Roman Pino vs. The Bank of New York.

But listening to the justices attack Amanda Lundergan, Roman Pino’s attorney, while seemingly going much easier on Bruce Rogow, the bank’s very well-respected lawyer, was at best, discouraging.

It’s common for the justices to try to poke holes in an attorney’s case, and it does not always mean that you can predict what their decision will be.

But with the thousands surely watching Thursday’s hearing, I was hoping the Court would have been a little more sensitive to the perception that they were most certainly creating, that the banks already have this one in the bag.

As a whole I found the Supreme Court judges flippant to the obvious fraud that Bank of New York has brought before the court in this case.

And for the Court to downplay the importance of that fraud, and what it means to the integrity of the judicial system, was offensive.

If you were an average homeowner watching yesterday’s hearing, I am pretty sure you came away with a feeling that the playing field is not level, and there are two different sets of rules for the banks and for the rest of us.

That is truly unfortunate.

The Supreme Court has to be above the fray, and they must not abdicate their responsibility to police their own system.

Which is exactly what would happen if the Court allows the phony documents, the fraudulent backdating, the bogus notes and assignments to be brought before them without penalty.

They would be inviting any plaintiff to bring whatever kind of garbage into the courthouse they choose, because if they get caught, all they have to do is withdraw!

The right to withdraw a case should not be used as a shield to protect yourself when you engage in illegal conduct. It’s the Court’s duty to sanction that conduct and hold the parties accountable, whether it be the banks, the attorneys, even another judge.

And that’s what Roman Pino vs Bank of New York is really about. It’s not about the harm done to Mr. Pino, or whether or not he’s ‘getting a free house’.

It is not OK to just hit the reset button whenever it suits the banks to do so.

If a fraudulent document is put on record, then the banks must be sanctioned and held accountable for such egregious conduct.

Otherwise the courts are nothing more than arm of the banking system, their own private collection agency.

That perception will degrade the integrity of the legal system, and I feel the judges gave short shrift to that.

From The Trenches

Roy Oppenheim

From The Trenches, Foreclosure Defense Attorney Roy Oppenheim

Tags: amanada lundergan, bank of new york, banking, bruce rogow, case, court, Florida, Florida Supreme Court, florida supreme court ruling, Ice Legal, integrity, new york, pino, roman pino, romans, supreme, supreme court, supreme court judges, supreme court of the united states, the bank of new york

9 responses to “Roman Pino Case Imperative to Florida Supreme Court’s Integrity”

  1. AmyT says:

    Hello – first, let me say that I am an upside down homeowner in Broward County …. I am also an attorney and I read your blog frequently.  I have the utmost respect for your work and for your efforts to bring all of this to the forefront with an eye towards making the banks accountable for their behavior. 

    So I hope you understand that I mean no disrespect when I say, I disagree with some of what you’re saying about the Pino case.  I think this was the wrong case to use to bring the fraud issue to the forefront … I would have rather seen the Ice firm wait for a better case … one that would have given the Court more of an opportunity to address the substance of the fraud … and not given the banks the perception of victory here they are seemingly going to get.  I watched the oral arguments last night and it seems obvious (although you never know) that the Court was hung up on the procedural arguments not really the substance. 

    They did not condone the creation of a fraudulent assignment by any stretch.  Justice Pariente even pointed out that contrary to the contentions in the amicae briefs, we will never know whether or not the banks were involved in the fraud or if it really was just the lawyers.  The Court focused on the fact that sanctions were available … and that Pino didn’t suffer any harm due to the dismissal.  Finally, they seemed to be unpersuaded by Ms. Lanagren’s (who did a phenomenal job under the circumstances) arguments because they felt that the fraudulent assignment from the first case could be addressed in the second case.

    I agree wholeheartedly that the lack of outrage was disappointing.  But I was encouraged a little by Justice Pariente’s outright rejection of the notion that the bank was not involved (why punish the bank for the actions of its attorneys) when she said, “we’ll never know because of the dismissal.”

    Anyway – for what it’s worth, those are my thoughts.  I would like to see them address more substantively the fraudulent assignments.  Especially in a case filed after the verification requirements.  I would also like to see them address the standing issue in the context of the improper securitization of the trusts etc.   I realize it’s not so easy to get a case in front of the FSC.  And again, thank you for the work you have done and continue to do.  Keep fighting the good fight — Eventually … the banks will pay.  They have to. 

    • Jlangdodds says:

      Amy,

      Good comments. The FSC did not even have to take up the matter. The 4-3 vote to accept jurisdiction was interesting on its own. I hope the rule of law will prevail.

  2. Jlangdodds says:

    Spot on Roy. My 77 yr old brother in law tells me that we have always been a corrupt nation and always will be. I watched the hearing in its entirety. I was yelling at my monitor, like a football game for Ms. Pariente to shut up and let Amanda talk..even Cannaday is for the banks, you can tell by his comments.

    I am an eternal optimist. I am four and a half years into my second FC case, which looks a lot like Pino. I am a father of three and now a grand father. I still believe in the integrity & foundation of our great country, but if this decision goes to the banking lobby, we are all TOAST!

  3. Eleanora Lillian Alexander says:

    Somehow this is what adds to the immagionation of all our citizens. When we already know that the power that the banks have as we daily pay so much usuary to them for the “home ownerships” hardships as it will occur during that 30 or 15 yr mortgages – life style.  In fact the statistics that people move and change about every 10 yrs but not always, just about 75 % ..to 100 % .  

    However, I built a home back in 1951- at Willowdale lake, from the dirt up –paycheck to paycheck ,,,,,,for less that 4,997.63  cents. not having the final plasterboard in three rooms but even a garage for less then 750. 89 in material.  Of course, I used “mill” rough lumber and only one board bowed within that stature, it was more oak and pine combined back then, with that mill making the boards for the trucks to deliver Weirton, and other lower Ohio mills. I purchased the wood in Salensville, Ohio through friends that worked at Ford motor in canton, O. and that cost of the home included the minor plumbing, furnance form local dealer, I put it together and they came up and helped put the moter in place after i had all the thousands of screws in place of all the duckworks etc. Not that also included the roofing material and other itmes needed to make it a complete building even the digging the footer and the builder laughting caus i didn’t know the forms right and he did that for me cause I was only 17 or so yrs of age when it was started. It took me almost 3 yrs. and my husband dined’t climb the roof but did bring some of his friends to help hold up the frame and put it in place a few weekends for some beer we supplied.  That was my first experience and found the library book of building and the plans from a place that was building 24x 24 Lincoln homes.  with a price then of 65 for the plans.  It still is standing at 87 Cherry Drive, Willowdale Lake Ohio area.between Canton, Massillon rd towards Akron, Ohio.      — 

    However, many years later have purchased many properties, in Columbus, Ohio, Canton, Ohio, Massillon, Ohio etc. even here in Fla.

    I have enjoyed finding homes that could be duplexed, even one I had was over 150 yrs old. and made into a tryplex after 37 yrs of struggling not to mention the 5 yrs living there with mys sons father, during our marriage.

    Home ownership is almost out of $$$$$$$ reasoning. and the times dealing with banks are ”””’something else”””””””” as hey really obtain the same amount you paid for a home at the end of the mortgage plus more than what it took me to purchase material and build a small abode. during my first marriage. 

    Our banks are getting that humungous amounts of money to keep in business that they only need 100,000 . 00 within thier banking system to be able to deal in the 12 states that they have main sources of loaning monies ,,,,,,,,The banking system I learned at OSU back in the days when ladies were not allowed or able to obtain Economics and Law studies, so as I like many others to have taken Econ 1 and 2 and other subjucts that entailed knowing the market and banking systems.  the library is also excellent books sources during my 78 yrs of learning about the societies ills.

    and that history is repeating itself here in this USA.  
    May God Bless America.  I love this country with all my soul and might but I do love the Lord more.  

    I admire honesty, integretery, and all he honorable things that our laws of the land do intend to convey to most the the citizens.  It is a very thin line between “truth and justice” within our land ….Especially when the power of “$$$$$” has prevailed since we started Taxing our citizens instead  and using the “usuary” to the fullest with sending those creit cards even in the classrooms to advertise as I saw int he 1990’s at KSU.   easy money…………..Well nothing is “easy” and especiall “money making at a job”……….not use one credit card to pay another.

    God only knows, about bankers and finance companies.  for example I was told at KSU I needed a laptop computer.  So I called Dell and they said, ” you can have it for 2,000 “”INTEREST FREE” for the life of the loan,,,,,,,thinking that was unusual I said, “yes” and thanks so much as my son handled the details of the type of computer and the conference was having all the school needed dvd’s as he owned a small computer innernet services and loved his mother still going back to college for another subject.  Although it was shakespeare and I had it prev. with the Stratford Canada, as a jr and now a senior of KSU that I could enjoy it,. Only i took it as an English subject then and was again taking it as a History subject with both english and history professors in charge of that extra type of subject.

    Back to Dell computer.  for one year they gave me free interest. and then someone else purchased the finance co. and before I knew it –they sent 29.9999 % interest with the 150 a month aprox payments.
    -o course I called complaining and it was to no avail.  the amounts kept going up and up. as the years rolled by.  
    The original price was aprox. 2,000 and I was given up to 5,000 cr. I never purchased anything but cash for the printer around 69 bucks and cash for all my ribbons -color and black …ones…..but about 3 yrs it was supposed to be finalized ……..Now this was purchased back in 2007 for the fall course, which I at late ages “did the work and received a B grade….happy about the results,. As in the classroom now they have another machine that we hooked our computer homework and research into and it showed all of the work on a roll down movie screen at the head of the classroom…….Inovations are getting greater as the 1990’s they had a care for parking privdgles at KSU now that same type of card is like a visa with our putting our funds in and them getting it back out, ha with some small amt. left over for us after our school yr is over.

    Anyways, I paid till Sept of 2011. and realized that the bill still said, close to 3,000 bucks.  I figured it was really paid for by my original figures.  Adn during aprox 2010 yr had here in Fla extended 389. and a few cents towards “getting the services extended on this laptop”  but i did send ti back to the company as some of the parts had fallen off. and some were not working.  I also discovered that they had never put in the back up card under the bottom layer of this laptop.  I had been had that way too.  Also they sent me the newer discs that was supposed to have been delivered in the first place.   My laptop had set in the case for almost 2 1/2 yrs in my living room not being used. So it was not supposed to be in that condition after one class research and somewhat of about 1/2 yr on this new facebook or computer back in to using at home.

    However, the bill kept growing as my husband was not employed and 
    was having difficulty to come up to the continued years that they extended the payments from the original three years without interest to their new rules.  NO SIGNED NOTES, JUST THAT ORIGINAL PHONE CALLS, where it was told NO INTEREST ……..Ilike that cause the Bible said, “USUARY” was not allowed during their era. 

    Now the phone calls bean and for over a year was harrassed and paid some but finally completely quit Sept of 2011,,,,,,,and made another pmt of 150 after that and…………quit again.  I feel my deal with the Dell company was done. and I had paid my full amount and more than that since it was supposed to be only 3 yrs.  well 2007 Oct . purchase to 2011 purchase in Oct was finally ————-done in my mind.

    The settlement letter contained a couple months ago sent to me said, simply if I considered settleing for $2898.89 aprox. amt. I have the letter filled away near kitchen table and not lookin at the real figures, but saw it made me Get Red in FAce and almost laugh.  That takes a Gull to give me an amount more than all the original amount was. and also finally saying they will settle as it was originally purchased with No more interest. On and on it goes, I have not received any more phone calls because I will not answer the phone for that “indignent man who last called ans sent the letter ” “his last words were to me, Call you son and he will send you the money for the settlement.”etc. 

    I realize that the banks have the authority and I even told him to take back the Dell computer, he said, “it was too old and they didn’t want it as newer ones are now available at lower prices.  ”  — so I am typing on this computer. and I have figured that — It takes seven years more from Oct 2007 to get it off our credit report and mostly eliminate the debt within our laws.  Or else, I will have to turn it over to an attorney and fight them.   I only am on fixed income presently and 800 a month is not enough presently for some 150- to go to a very nasty finance co. that purchased Dell’s accounts and did not keep the word of the one that sold the machine.

    However, in todays’ modern world, I don not have the slightest “idea” what would happen “if” i put that case within the Supreme court. or the local courts, or whatever.   (Probably advice was bankruptcy court- and that would cost us $$$ too.)  but I don’t feel like doing that to be a very embarrassed person ——going through it all, I haven’t either the “tea leaves readings ” about courts.  

    When I was young goingg to OSU and planning on persuing a law degree, till I discovered the “odds” then were really stacked against lady atty’s back then.l”lots changes in this lifetime of mine.”  However, I do know that they have changed lots of the people within the last few years and some of them are not democratic thinking as our law of this land “was intended for’ but some of them have decisions more towards socialistic and materialistic thinking ……and not sure if they could be “$$perswaded” financially or just really are doing the job they were put there for.   I did discover in some cities some of the Judges were not so good and in some places some were more “100% honest” with definate realization of our Democracy laws.  

    After all on the news Pelosi, and OBH are stating that they “thought” that the COnstuation of his USA and the bill of rights was “OUTDATED”  and we say ,,,,,,,,”you know what though does”…or did’… so don’t understand the newer rules and regulations. and only can PRAY for you and the court rullings ……..because God is still in charge. and only God knows how to “bring it about” when he is tired of all the “bad things that go to good people”  like the story Job. in the bible.  we all have good and bad things happen.  It is how we deal with them that we have to live with.  Life is not a bed of roses.  but Justice should be for all mankind and I believe in our USA forefathers Justice for all mankind and equal right for everyone “men and women.  ”   The scales of our courts has a lady holding them up.   JUSTICE we pray for presently and May our Lord be with the one that deserves it.”   

  4. RAURQUI says:

    PERMISSION TO SPEAK, NEVER HAD, BUT I’M ENJOYING AN LIBERTY TO EXPRESS THANKS TO THE FOUNDERS OF THIS GREAT COUNTRY IS TO LOVE
    OUR ECONOMY IS IN CRISIS BUT THAT IS SO STRONG THAT COURTS CAN CLOSE YOUR EYES TO BANK FRAUD BY THE FEAR OF A MAJOR CRISIS (invented by the same banks) OR IS MORE IMPORTANT TO THE STRENGTH OF THIS COUNTRY THAT EVERYONE WHO MAKE AN BIG FRAUD OR SMALL FRONT OF JUSTICE
    THE SUPREME COURT IS WRONG TO WANT TO BELIEVE THAT THE ATTORNEY WANTS Amanda Lundergan TAKE ADVANTAGE OF THE SITUATION I AM FEARFUL THAT OUR SUPREME COURT JUSTICE BE BLIND AND MORAL PRINCIPLE OF JUSTICE, WHICH MAY HAVE ENOUGH MONEY TO PLAY IN THE COURT AND IS NOT WIN NO MATTER TO START THE GAME BECOME THE BANK TO WIN AT THE END THEY ARE THE OWNERS OF THE BALL BASEBALL.
    Cuban poet Jose Marti said
    WHEN THERE ARE MANY MEN WITHOUT DIGNITY
    THERE ARE MEN WHO HAVE THE DIGNITY OF MANY MEN.
    Lundergan AMANDA GOOD LUCK
    DO NOT EXPECT MANY JUDGES SITTING IN YOUR HEART FOR THE SAME AS YOU ARE FIGHTING
    NOT ALL HAVE EARS TO SEE

    SORRY FOR MY ENGLISH

  5. […] certainly the Florida justices don’t do themselves many favors, as the controversial Roman Pino case certainly carried the whiff of […]

  6. Liammcfadden says:

    That’s why the symbol of our “justice” system is the blindfolded goddess. What it symbolizes is “You won’t see any justice here”, not anything about equal application of the law to all.

  7. Liammcfadden says:

    For those in any debt, use a lawful offset account with an EFT. All evplained at setoffdebt.com

  8. PatrickRiot says:

    All of what has been said is true.  However, what no one, here, in the case or in any of the cases at the County level has been able to articulate is how the DERIVATIVE was originally designed to function.
     
    It’s a PRIVATE device between two COUNTERPARTIES traded as DEFAULTS in Wall Streets “Dark Market” that provides a “GUARANTEE” NOT INSURANCE (INSURANCE is a word of law and therefore defined in Black’s etc., and as such demands to be regulated.  The word GUARANTEE as applied to Credit Defaults takes the sale and operation of the DERIVATIVE outside the need for federal and/or state regulation, hence room for massive fraud.  This was the reason for the base design of the derivative by Michael Milken’s Drexel Burnham back in the 70’s.  While he was RICO’d off to jail, his successors continued their work until today.
     
    Nothing… I repeat that NOTHING was designed, developed and sold by random consequence of the free market.
     
    The entire system surrounding the development of the sub-prime Mortgage Backed Security by Salomon Brother (WTC7 L) in the late 70’s was for exactly what we’re watching today; a WORLDWIDE economic meltdown of gigundo proportion.  And YES resoundingly… it was and still is a conspiracy of magnificent proportion.  This can be proven with FACTS.  (Not here, but will be in my upcoming book: “9/11 and the INTENTIONAL Mortgage Meltdown”
     
    The end goal is to devolve the world currencies to such a point that a new and improved currency will be demanded by the so-called meltdown.  Another unconstitutional currency based upon a nation’s DEBT not its assets.  A criminal syndicate started this effort in the mid 1970’s with the CRA under jimmy Carter.  But I digress.
     
    No one has yet to properly shed the required light on the well-known FACT that most of these NOTES MORTGAGES, actually only their “performance”, a tangible only when… performing, was hypothecated (pledged) into MULTIPLE sub-prime so-called securities.  Yes, in other words they were designed to fail and ultimately take our nation to its knees, not to mention the rest of the world.
     
    Yes, sounds like so much crazy “stuff”.  Until you read the details, names dates and places.  Then you’ll sit in silence saying it cannot be true all the while your intellect is askig you what next because you know it’s true.
     
    Hope I haven’t given you too much to think about.  After all, we only want to see Pino judged fairly and I suggest that that’s nigh impossible.  Unless of course those I speak of here want to start the ball rolling to collapse our banks and world markets.
     
    And for those that are guessing… YES!  9/11 was part of the planning.  Once you know what happened on 9/13 it becomes clearer.  Alan Greenspan (yes a conspirator,) lowered the fed-rate 100 basis points in his 22 back to back rate cuts that turbo charged the sub-prime mortgage market.  The “demolition” of WTC7 at 5:21 pm that day was one of the primary reasons for, NOT a result of 9/11.
     
    Patrick Riot  Patrick_Riot_2003@Juno.com