Richards v. HSBC Bank USA
91 So. 3d 233
Fla. Dist. Ct. App.2012Background
- Richards appeals final summary judgment of mortgage foreclosure by HSBC.
- HSBC claimed ownership of note and mortgage but the note/mortgage attached to the complaint show Richards executed them to Century 21 Mortgage.
- HSBC's motion for summary judgment relied on the original note, an assignment of mortgage, and affidavits alleging amounts due.
- The undated allonge to the note shows Bishops Gate Residential Mortgage Trust as the payee, contradicting HSBC's claim of holding the note.
- The affidavits failed to establish, as a matter of law, that HSBC was the holder of the note or properly connected to Bishops Gate.
- The trial court and appellate review must resolve disputed issues of ownership and standing before foreclosure could proceed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to foreclose on the note and mortgage | Richards challenged HSBC's standing | HSBC claimed holder status via assignment and affidavits | Reversed; factual dispute on holder status remained |
Key Cases Cited
- Gee v. U.S. Bank Nat’l Ass’n, 72 So.3d 211 (Fla. 5th DCA 2011) (holder must show ownership of note and mortgage to foreclose; endorsement or assignment evidence required)
- Khan v. Bank of America, N.A., 58 So.3d 927 (Fla. 5th DCA 2011) (conflicts between exhibit and allegations defeat standing to foreclose)
- Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126 (Fla.2000) (summary judgment de novo standard; view record in light most favorable to non-movant)