Is This Fair? If it is shown that a bank included fraudulent documents in filing a foreclosure case, should that same bank be allowed to dismiss the case, remove the fraudulent documents and then re-file the case without the documents? There is a case winding its way through the Florida courts, Roman Pino v. Bank of New York Mellon, in which Pino, the homeowner, is trying to prevent the bank from refiling its foreclosure action due to the fact it originally included a fraudulent document. Some analysts expect a ruling in favor of the lender due to the fact that the state already has adequate fraud remedy statutes available for the homeowner to pursue his case, while allowing this type of case to proceed would likely slow down resolution of the state's foreclosure-related cases. Seems to me that if a bank tries to foreclose using a fraudulent document, that should bar them from getting your home. But, hey, I'm no lawyer.