Legal Opinion
Powers v. HSBC Bank USA, N.A.
District Court of Appeal of Florida
Decided October 14, 2016No. 2D14-4857PublishedCited by 3 opinions
1Opinion of the Court
NORTHCUTT, Judge.
Jeffrey and Tawnya Powers appeal the final judgment of foreclosure entered against them in an action brought by HSBC Bank USA, N.A. We reverse because the bank did not establish that it had standing when the original complaint was filed.
HSBC filed the foreclosure suit in its capacity as trustee under the “Pooling and Servicing Agreement dated as of September 1, 2006, Freemont Home Loan Trust 2006-C.” In count one of the original and amended complaints, it alleged that it was the holder of the note. However, the note was not attached to either complaint. In their affirmative…
2Cases cited6 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Focht v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2013
- Stone v. BankUnitedDistrict Court of Appeal of Florida · 2013
- Corrigan v. Bank of America, N.A.District Court of Appeal of Florida · 2016
- St. Clair v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2015
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3Cited by3 opinions
- Winchel v. PennyMac Corp.District Court of Appeal of Florida · 2017
- Richard M. Rigby v. Bank of New York MellonDistrict Court of Appeal of Florida · 2017
- Richard M. Rigby v. Bank of New York MellonDistrict Court of Appeal of Florida · 2017