Kathleen Harper v. HSBC Bank USA, National Assoc. etc.

In this foreclosure-related appeal, Appellant Kathleen Harper asserts that summary judgment should not have been entered against her because Appellee HSBC Bank USA failed to establish the absence of a genuine issue of material fact and to refute one of her affirmative defenses. We agree and reverse.

In moving for summary judgment below, the Bank had the burden to show the absence of any genuine issue of material fact and to refute Ms. Harper’s legally sufficient affirmative defenses. See, e.g., Lindsey v. Wells Fargo Bank, N.A., 139 So.3d 903, 906 (Fla. 1st DCA 2013). In this case, Ms. Harper…