Legal Opinion

Goncharuk v. HSBC Mortgage Services, Inc.

District Court of Appeal of Florida

Decided May 20, 2011No. 2D10-2629PublishedCited by 5 opinions

1Opinion of the Court

ALTENBERND, Judge.

Vasiliy and Marina Goncharuk appeal a final judgment of foreclosure entered after the trial court granted a motion for summary judgment in favor of HSBC Mortgage Services, Inc. We reverse. The procedural posture of this case and the disputed issue of fact that requires reversal of the summary judgment appear to be virtually identical to those in Sandoro v. HSBC Bank, USA National Ass’n, 55 So.3d 730 (Fla. 2d DCA 2011).

The Goncharuks obtained financing on a home in Port Charlotte in 2006 from The Lending Group, which loaned the Goncha-ruks $223,000. A standard Fannie…

2Cases cited4 opinions

  1. BAC Funding Consortium Inc. ISAOA/ATIMA v. Jean-JacquesDistrict Court of Appeal of Florida · 2010
  2. Brakefield v. CIT GROUP/CONSUMER FINANCEDistrict Court of Appeal of Florida · 2001
  3. Howell v. ED BEBB, INC.District Court of Appeal of Florida · 2010
  4. Sandoro v. HSBC BankDistrict Court of Appeal of Florida · 2011

3Cited by5 opinions

  1. Taylor v. Bayview Loan Servicing, LLCDistrict Court of Appeal of Florida · 2011
  2. Dominko v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2012
  3. Zervas v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2012
  4. Statewide Homeowners Solutions, LLC v. Nationstar Mortgage, LLCDistrict Court of Appeal of Florida · 2015
  5. McColman v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2013

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