Legal Opinion
Gascue v. HSBC Bank, U.S.A.
District Court of Appeal of Florida
Decided August 29, 2012No. 4D10-1379PublishedCited by 4 opinions
1Opinion of the CourtPolen, J.
Isabel Margarita Gascue (“Gascue”) challenges an order denying her motion to vacate final judgment of foreclosure. Because Gascue alleged a colorable entitlement to relief under rule 1.540(b), Florida Rules of Civil Procedure, due to excusable neglect and the existence of meritorious defense, we reverse and remand for an evidentiary hearing on the motion.
In November 2007, HSBC Bank (“Bank”) filed a complaint to foreclose on the mortgage and to enforce lost loan documents against Gascue. Upon being served the complaint, Gascue retained the services of an attorney, who filed his notice of…
2Cases cited6 opinions
- BAC Funding Consortium Inc. ISAOA/ATIMA v. Jean-JacquesDistrict Court of Appeal of Florida · 2010
- Rigby v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2012
- Chancey v. ChanceyDistrict Court of Appeal of Florida · 2004
- Suntrust Bank v. PuleoDistrict Court of Appeal of Florida · 2011
- America's Yate De Costa Rica v. Armco Manufacturing, Inc.District Court of Appeal of Florida · 2011
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3Cited by4 opinions
- Lewis v. J.P. Morgan Chase BankDistrict Court of Appeal of Florida · 2014
- Fallon Rahima Jallali v. Christiana Trust, etc.District Court of Appeal of Florida · 2016
- Fallon Rahima Jallali v. Christiana Trust, etc.District Court of Appeal of Florida · 2016
- Salsbury v. Griffin Road 345 Property Owner's Ass'nDistrict Court of Appeal of Florida · 2013