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Foreclosure Defense Florida

Hot Off The Presses- Another Foreclosure Reversal!

Just released is yet another reversal of a summary judgment of foreclosure. First reported by the on-the-ball guys at foreclosurefraud.com,
yet another fantastic appellate court decision.

RUSCALLEDA v. HSBC BANK, 3D09-997 (Fla.App. 3 Dist. 6-9-2010)
Glazy Ruscalleda and Jose Ruscalleda, Appellants, v. HSBC Bank USA,
etc., Appellee.
No. 3D09-997.
District Court of Appeal of Florida, Third District.
Opinion filed June 9, 2010.

An Appeal from the Circuit Court for Miami-Dade County, Mark King
Leban, Judge, Lower Tribunal No. 08-62415.

John H. Ruiz and Karen Baker, for appellants.

Shapiro & Fishman and Heidi J. Weinzetl (Boca Raton), for
appellee.

Before WELLS, ROTHENBERG, and LAGOA, JJ.

  ROTHENBERG, J.

  Based on the unique circumstances of this case, we conclude
that the trial
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court abused its discretion by denying the motion to continue the
final summary judgment hearing and by failing to grant the motion to
transfer the foreclosure action to the division where a separate
foreclosure action was pending in which another bank was
simultaneously seeking to foreclose the same mortgage. Accordingly,
we reverse the final judgment of foreclosure and remand with
instructions to reinstate the foreclosure action filed by plaintiff,
HSBC Bank USA, and to allow the defendants, Glazy Ruscalleda and
Jose Ruscalleda, to answer the complaint and assert affirmative
defenses.

  Reversed and remanded.

  Not final until disposition of timely filed motion for rehearing.
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