FL 3rd DCA Reverses Ruling That Found HSBC Forged Mortgage Documents

Miami Court Wipes Ruling That Found HSBC Forged Mortgage Documents

A Florida appellate court vindicated HSBC Bank USA N.A., reversing a Miami-Dade Circuit judge who’d found the lender forged mortgage documents to prosecute a real estate foreclosure.

Citing seven points in its analysis of the trial court’s findings, the Third District Court of Appeal Wednesday ruled in favor of New York-based HSBC, and remanded the case to Miami-Dade Circuit Judge Beatrice Butchko to enter a final judgment of foreclosure.

“This is a very disappointing decision, which ignores most of Judge Butchko’s groundbreaking ruling,” said Bruce Jacobs, the Miami foreclosure defense attorney who won at trial.

Butchko in April 2016 dismissed HSBC’s foreclosure suit against homeowners Joseph and Margaret Buset. In response to an accusation of forgery against Ocwen Loan Servicing LLC, she sided with borrowers who accused the loan servicing company of faking a mortgage assignment for HSBC.

“Judge Butchko found Ocwen and HSBC relied on false testimony, false evidence, violated the court’s discovery order and then lied about their violation of that order,” the defense attorney from Jacobs Keeley said. “Judge Butchko found the documents were untrustworthy. She found Ocwen’s loan boarding process was a legal fiction.”

Jacobs of Jacobs Keeley in Miami argued at trial that to prove the plaintiff had legal standing to sue, the financial services firm forged documents in 2012 to show the transfer of the debt about seven years earlier from one lender to another.

“They’re creating fake evidence of transactions that didn’t really happen,” Jacobs told the Daily Business Review after Butchko found the mortgage assignments “never legally occurred.”

The judge found the lender pursued the case with “unclean hands” and lacked competent evidence to support its lawsuit. She also granted the homeowners’ request to force the financial institutions to show why she shouldn’t punish them for committing a fraud on the court.

But the defense victory fizzled on appeal.

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6 Responses to “FL 3rd DCA Reverses Ruling That Found HSBC Forged Mortgage Documents”
  1. I had OCWEN and then HSBC came in and cleaned up.. They stole my property and I am sure it was an inside deal as it would have never sold at auction for the price the thieves paid for it.. They also knew I had the surrounding properties under contract and gobbled them all up and put them under a Corporation so I am left to guess for 8 years which one of the people or group of people claiming to be close to me stole my property… I have been through hell since.. I was poisoned once doing my job of pest control so severly the Environmental DR I saw that was recomended from a DC website because he deals with cases like this told me “he had never seen anyone as poisoned as I was” and “how on earth did I get soooo poisoned?” The day it happened I was doing termite work in the rain and it got all over me. I had my roomate (she was the only winess and died of a massive heart attack on April fools God rest her soul) drive me to my parents as my father got me into the business and I knew he would take me to the hospital because it is the law if you even suspect another Pest worker is poisoned. I was shaking and stuttering and he basically cussed me out and told me to get the F### out of his house.. I went home and passed out only to wake up at 2 am shaking violently.. By the grace of God I ordered a quart of black seed oil for my roomate 2 weeks earlier to help with her constipation problem. I stumbled to the fridge as I was going into shock and slugged half the bottle and went back to my room and colapsed. I could not see clearly for days and stuttered and lost my cordination. I know pesticides don’t do that to you or they would not sell them and I covered myself in them daily but maybe they did not intend for me to get such a large amount on me and in the rain my pores opened up allowing for my skin to take lots of it in.. The story only get weirder but I was trying to find out who was behind taking my properties and someone did not want me to look into it anymore… Here it is 8 years later and I still don’t know who took my property. I have some clues like my cousins ex gf lives in my unit and when I recognized the room from a picture on fb and said I bet you love living there on the lake she never responded. I found out through a mutual friend she does live there. I also saw a picture the other day confiming her mother lives two houses down in a house that was part of my deal and is owned by the same group. I remember my mom telling me sometime after I lost my places that my uncle is still good friends with my cousins ex gf.. I guess i know now why she said that …. well I was poisoned several more times until a friend warned me that I was in danger and needed to go to SSI. I was feeling really bad for around four months unable to stand bright lights and so weak and confused..My mom even bought me a pair of sunglasses without me asking. I found a bottle of powdered alluminom on top of a cabinet next to my bed. I was crying and ask my mom why it was there and she said it was for making play-do . SHe took it and told me it was alum from the spice cabinent.. It was toxic powdered alluminom used for etching art work. She then days later said to “prove it was ever there!” the entire times I was poisoned my family would just look at me. I am now on disability with Paranoid scitzophrenia but it is just because I said I was poisoned and I was.. SO they told everyone I was on drugs and I wish I could talk to someone that could help but I don’t want to give them more reason to have me killed again.. All for money and I can not even get a lawyer to talk to me.. I did talk to a sheriff detective off record while helping her at her house and she said that if I were not so vocal about my situation I would have been killed… All this in AMerica .. I wish someone would help but I am just going to have to swallow the truth and hope they allow me to live and do something else if I keep my mouth shut.. I am trying but have CPTSD and am back here after breaking my shoulder .. anyone want a great screen play? will have to say it is fiction… but so many more details and people involved…

  2. Al says:

    The 3rd court of appeal in Florida IS THE WORST that could happen to any body. Judges are so sold and corrupt , they just ignore the fraud…

    • Elaine Williams in Baltimore says:

      Apparently you have not been to Baltimore. I had a forensic audit that uncovered forgeries and fabrications. I had a signed affidavit from the certified forensic auditor who was also willing to testify on my behalf. Not one judge in Baltimore County – we were in court three times – would so much as LOOK at any of our documentation. Our claims fell on deaf ears. The asshole who approached me about a short sale in 2009 (about 2 seconds after we started to falter and proactively tried to get a modification) is now living in my home. He waited five years but he got what he came for. We were forced out on a snowy day in March 2015 with frail 81 year old mother-in-law in tow. I want to throw up every time I think about it. We are both 63 – we will never recover financially or emotionally. I lost my 401k and my dignity trying to hold onto that house.

  3. “Because lawlessness is increased, most people’s love will grow cold.” Matt. 24:12 :-/ More Signs of the End Times.

  4. How does these crooked, corrupted, bought-and-paid-for judges sleep at night?? :-/ They should be tried and convicted for treason!

  5. There is everything in this corrupt form of capitalism, as in Stalin’s corrupt communism. The authorities legalize criminality if it behooves the government systems. When enough evidence is revealed, that criminal system fails and the government system falls.

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