Legal Opinion
Kenney v. HSBC Bank USA, National Ass'n
District Court of Appeal of Florida
Decided September 24, 2015No. 4D13-4165PublishedCited by 11 opinions
1Opinion of the Court
ON MOTION FOR REHEARING
2Per curiam
We deny Appellee HSBC’s motion for rehearing and rehearing en banc, but withdraw our prior opinion and substitute the following in its place.
The borrower, George Kenney, appeals a final judgment of foreclosure entered after a non-jury trial. We find merit in his argument that HSBC Bank USA, National Association, as Trustee for the Holders of Deutsche Alt-A Securities, Inc., Mortgage Loan Trust, Series 2005-6 (“HSBC”) failed to prove it had standing at the time it filed the foreclosure action. We therefore reverse.
In 2005, the borrower and his wife executed a promissory…
3Cases cited9 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
- Dixon v. Express Equity Lending Group, LLLPDistrict Court of Appeal of Florida · 2013
- Vidal v. Liquidation Properties, Inc.District Court of Appeal of Florida · 2013
- May v. PHH Mortgage CorporationDistrict Court of Appeal of Florida · 2014
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4Cited by11 opinions
- Fallon Rahima Jallali v. Christiana Trust, etc.District Court of Appeal of Florida · 2016
- LUTHER EDWARD SPICER and CLARA JEAN MAY v. OCWEN LOAN SERVICING, LLCDistrict Court of Appeal of Florida · 2018
- U.S. Bank National Association, etc. v. Richard Clarke a/k/a Richard C. Clarke, Paula Prinsen, Broward, a Political subdivision of the State of FloridaDistrict Court of Appeal of Florida · 2016
- PennyMac Corp. v. FrostDistrict Court of Appeal of Florida · 2017
- Fallon Rahima Jallali v. Christiana Trust, etc.District Court of Appeal of Florida · 2016
6 more not listed; retrieve them via the Exa API.