Legal Opinion
Donna Murray and Marc Murray v. HSBC Bank USA
District Court of Appeal of Florida
Decided January 21, 2015No. 4D13-4316PublishedCited by 28 opinions
1Opinion of the CourtMay, J.
In this foreclosure puzzle, one of the pieces is missing. The borrowers appeal a final judgment of foreclosure following a non-jury trial. They argue the bank failed to prove standing. We agree and reverse.
The borrowers and Option One Mortgage Corporation, a California corporation (“Option One California”), executed a mortgage and note. When the borrowers missed their monthly payment, HSBC filed a two-count complaint seeking to foreclose the mortgage and reestablish the lost note. The original complaint, filed February 13, 2009, alleged that HSBC “owns and holds said note and mortgage.” The…
2Cases cited3 opinions
- McLean v. JP Morgan Chase Bank National Ass'nDistrict Court of Appeal of Florida · 2012
- Mazine v. M & I BankDistrict Court of Appeal of Florida · 2011
- Anderson v. BursonCourt of Appeals of Maryland · 2011
3Cited by28 opinions
- Russell v. Aurora Loan Services, LLCDistrict Court of Appeal of Florida · 2015
- Creadon v. U.S. Bank N.A.District Court of Appeal of Florida · 2015
- St. Clair v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2015
- Gregory Sandefur v. RVS Capital, LLC, Rio Vista Saloon, LLC, and David ZwickDistrict Court of Appeal of Florida · 2016
- Taoufiq Seffar v. Residential Credit Solutions, Inc.District Court of Appeal of Florida · 2015
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