Pressing for a Lake Worth homeowner’s right to expose alleged fraud by a bank, a foreclosure defense attorney argued before a state appeals court that Bank of New York Mellon cannot stop a trial judge from reopening a case that had been dismissed.

Oral arguments heard Wednesday looked at the cause of the bank’s voluntary dismissal of Roman Pino’s foreclosure case last year. Defense attorneys alleged a fraudulent assignment of mortgage was submitted to the Palm Beach Circuit Court by the Law Offices of David J. Stern in Plantation. After becoming suspicious of the paperwork, the defense scheduled depositions of the law firm’s employees.

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