TALLAHASEE, Fla. – A Florida man who has filed numerous legal actions pertaining to his foreclosure proceedings has been barred by the state Supreme Court from filing any new complaints without legal representation.
The state Supreme Curt issued a four-page order March 22 unanimously concluded that Armando Rivas failed to show cause why he shouldn’t be barred from filing future court actions or legal complaints. The court ruled that any future filings must be signed by a member in good standing of The Florida Bar.
“Council may file on Rivas’ behalf if counsel determines that the proceeding may have merit and can be brought in god faith,” the order said.
The order comes in response to a petition brought by Rivas against the Bank of New York Mellon (BONYM) pertaining to his foreclosure proceedings. Because of his “numerous meritless and inappropriate filings,” Rivas was directed to show cause why he shouldn’t be barred from filing “any future pro se pleadings, motions, or other relief pertaining to his proceedings” in the 15th Judicial Circuit Court.
The court’s seven members rejected Rivas' petition.
“After considering Rivas’ response, we conclude that it fails to show cause why he should not be sanctioned,” the court said. “Rivas has compiled a history of pro se filings in this Court that were devoid of merit or inappropriate for review.”
In 2017, Rivas filed five other actions against the bank, four of which were filed in November. He filed two additional actions in 2018. The case stems from a foreclosure action filed against Rivas in June 2012 in Palm Beach County Circuit Court. The complaint alleged Rivas had defaulted on his mortgage after missing payments and requested a court-ordered sale of the home.
The foreclosure action was terminated in October 2015 after Rivas filed a bankruptcy petition in the Southern District of Florida. He subsequently filed a complaint against the bank and against several attorneys, alleging they fraudulently assigned his mortgage from American Mortgage Network to BONYM to support the foreclosure action. The complaint was ultimately dismissed.