Foreclosure Defense Florida

FORECLOSURE CASE LAW UPDATE- (another) Paragraph 22, Summary Judgment of Foreclosure REVERSED!

Appellants Domenic Lombardo a n d Nancy Anzalone, defendants
below, appeal a Final Summary Judgment of Mortgage Foreclosure
entered in favor of the Appellee HSBC Bank, National Association as
Trustee for Wells Fargo Asset Securities Corporation Mortgage Pass
Through Certificates, Series 2006-AR8, plaintiff below. We reverse the
summary judgment because, based on the record evidence in its present
state, there remains a genuine issue of material fact regarding whether
appellee complied with the condition precedent contained in the
mortgage to provide pre-suit notice of acceleration. See Serrano v. HSBC
Bank USA, Nat’l Ass’n, 107 So. 3d 527 (Fla. 4th DCA 2013); Dominko v.
Wells Fargo Bank, N.A., 102 So. 3d 696 (Fla. 4th DCA 2012). We find no
merit in the other issues raised by appellants.

One Comment

  • Ronald Williams says:
    July 6, 2013 at 10:47 am

    I do not know when this will surface, all I can do is keep putting it out there. This is regarding the notes Chase Bank purportedly purchased from the FDIC. First, the P&A agreement between the two does not include a schedule of the notes actually purchased. This has enabled Chase Bank to prevail in lawsuits all of over the country while relying only on the P&A Agreement, even without the schedule of notes. But here is the kicker. Article III, Section 3.3 of the P&A agreement specifies that all notes sold to Chase by the FDIC was transferred to Chase by the FDIC by either a no warranty Bill of Sale or a no warranty Receiver’s Deed of Trust. Without either, Chase should not have, as it has, prevailed on the question whether it owned a note. In a lot of cases, Chase litigated being the servicing agent. In those cases, the court did not require Chase to disclose the beneficiary. The cases terminated in Chase’s favor with the note’s beneficiary a mystery. That is what happened in our personal case. Look at the P&A at Article III, Section 3.3. We are at rnwil3@aol.com, and, there are strength in numbers

    Reply

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