Roman Pino, a Greenacres drywall hanger, has become a source of trepidation for banks, according to the Palm Beach Post. The Florida Supreme Court will soon review a lawsuit by Pino that disputes whether a bank can avoid punishment for filing fraudulent documents via voluntary dismissal, a decision that could have serious implications for lenders. [more]

Sen. Ellyn Bogdanoff

Previously on life support, the push to add slot machines throughout South Florida was given a fresh breath of air today by the Florida Supreme Court. The Associated Press reported that by dismissing its slot machine case, the state’s highest court let stand a previous ruling that allowed slot machines to be built anywhere in the state with approval from the Legislature. [more]

The Florida Supreme Court will not review a December appeals court decision to rule two referendums related to Royal Poinciana Plaza unconstitutional, according to the Palm Beach Daily News. The referendums, proposed by political action committee Preserve Palm Beach, were designed to protect Royal Poinciana Playhouse from demolition. If passed, they would have made it impossible to make changes to the 1979 property-use agreement between the town and the owners of Royal Poinciana Plaza without voter approval.

The referendum would also have incorporated two provisions from the agreement into the town charter, forbidding new construction at the plaza and stipulating that the playhouse be used only as a performing arts venue.
[more]

Miami attorney Theodore Ross Dempster has been disbarred after allegedly running what the Florida Supreme Court called “similar to a Ponzi scheme.” According to allegations, Dempster was running a real estate investment fraud scheme through a company called McBain Investments Trust, until he was sued on May 20 of last year by two investors who gave him money.
[more]

While law firm Akerman Senterfitt is handling the appeal in a foreclosure fraud case involving documents used against defendant Roman Pino, Florida’s 4th District Court of Appeal made sure to note to the Florida Supreme Court that it was the law firm of David Stern, not Akerman, that had been involved in the proceedings that gave rise to allegations of misrepresentation and fraud. In the case by Bank of New York Mellon against Pino, his attorneys claimed documents used against him were “fraudulently made.” Pino’s lawyers then filed a motion for sanctions against the bank. The 4th District concluded that the question of foreclosure fraud in the case was one of “great public importance.” [Palm Beach Post]
[more]

Chief Justice Charles Canady of the Florida Supreme Court sent a letter to the state’s 20 chief judges, telling them to make sure they are not improperly closing foreclosure proceedings to the public. On Friday, Canady had received a letter from the Florida Press Association’s general counsel and other organizations, alleging numerous instances in which judges barred the public from attending foreclosure proceedings. Canady said he was “deeply concerned” about the allegations, and told the state’s chief judges to ensure that all visitors and callers are provided with correct information about attendance at foreclosure and other proceedings. [South Florida Business Journal] [more]

In attorney Mark Stopa’s blog, he called the court’s decision not to
halt foreclosures being processed by four law firms in South Florida
under investigation a “copout.” He said the court had the authority to
impose a moratorium. “The Florida Supreme Court has the exclusive
authority to create rules of practice and procedure in all courts in the
State of Florida, a power that is expressly granted to it by the
Florida Constitution,” he said. Matt Weldner said he held out “naive”
hope that the courts might come up with a solution that would foster an
environment of compromise. Both attorneys said the court “punted” on its
decision making power, saying it is now up to the Florida Bar
Association to discipline attorneys for the firms. [Palm
Beach Post]

[more]

The Sunrise City Commission will take up the issue of whether to allow an 11-story, 350-room hotel on the edge of the Everglades today. If the Marriott project is approved by the commission, it would be the first commercial development west of SR 869. The plan calls for a hotel and three office towers on the 22-acre lot. The office tower would have around 650,000 square feet of office space, and 30,000 square feet of commercial space. The hotel is planned as a Marriott Residence Inn & Courtyard, and would take 15 months to complete construction. The Everglades has been a hot topic recently, centering on Gov. Charlie Crist’s deal to purchase 73,000 acres of the Everglades from U.S. Sugar, which is currently before the Florida Supreme Court. [Palm Beach Post] [more]

Governor Charlie Crist is trying to finalize a $536 million deal to buy 73,000 acres from U.S. Sugar, a deal that has been in the works for some time. Today, the Florida Supreme Court will hear the case and determine whether the South Florida Water Management District is able to borrow the money required for the purchase. The Water Management District is spearheading the Everglades restoration plan. The deal, if approved, would give the state a huge amount of property south of Lake Okeechobee where restoration was never possible. Gov. Crist announced the purchase in June 2008, but the proposal has proven to be divisive. [Sun Sentinel] Comments

• Tweet

Government programs have been created to assist distressed homeowners, but at little over month after the Florida Supreme Court ordered required mediation on all homesteaded foreclosures, it remains unclear how much help the latest move offers South Floridians.

The Dec. 28 court decision sounded like a measure of real relief, but for homeowners seeking short sales, it hasn’t made much of an impact, said Fort Lauderdale real estate attorney and foreclosure mediator Shari Olefson. Still, she thinks mediation could start to help distressed homeowners, including those who want a short sale.

In concert with some key federal programs, Olefson is optimistic that a once intractable quagmire of regional mortgage woes could improve. In the alphabet soup of a crisis, she points to a pair of federal programs, Home Affordable Foreclosure Alternatives Program and the Home Owner Affordable Modification Program, which could break up the logjam of missed payments and foreclosure proceedings that have jammed courts throughout the state. [more]