On March 25, 2010, Judge Stuart Simons of the 11th Circuit Court in Miami handed down a ruling in Wells Fargo v. Cirigliano (Case #08-288-46-CA10) dismissing Well Fargo’s Motion for Summary Judgment against MFI-Miami’s client John Cirigliano.
“This is great news not only for John Cirigliano,” said MFI-Miami President Steve Dibert , “but it means the judicial system as whole is finally understanding the level of fraud that was committed by mortgage professionals during the boom.”
Cirigliano’s mortgage appears to contain forged documents, multiple levels of deceptive practices by the broker and the now defunct GreenPoint Mortgage, fraudulent appraisals, and evidence Wells Fargo lacks standing to execute the terms of the mortgage.
Steve Dibert describes it this way, “This loan is so dirty, I have to shower after just thinking about it. This is probably one of the most egregious examples of mortgage fraud I have seen in two years!”
Judge Simons did not find the argument put forth by Wells Fargo’s counsel from Marshall Watson and Associates compelling enough to warrant granting the motion and is now allowing this case to go to trial.
“The trial is where all the fun will begin.” said Steve Dibert, “Both Cindi Dixon from Mela Capital Group who assisted me on this investigation, and I are looking forward to the trial. We feel very confident that Mr. Cirigliano will receive the justice he deserves.”by