Burgest v. HSBC Bank, USA, N.A.

By Judge Mary Jane Hall

This matter comes before the Court on demurrers filed by each defendant to the Complaint herein. The respective positions and multiple grounds in support of demurrer were extensively briefed and thoroughly addressed in oral argument. The Court sustains the demurrers on one ground only. The Court rules as a matter of law that the underlying transaction by which HSBC Bank acquired rights to Plaintiff’s note and deed of trust was voidable and not void. Because the transaction had not been voided when HSBC took the actions of which Plaintiff complains, including the…