3rd DCA Reverses its Opinion RE RUSCALLEDA v. HSBC BANK USA Involving a Rather Confusing Situation Caused by Two Banks Simultaneously Attempting to Foreclose the Same Mortgage

Only in Foreclosure World… Third District Court of Appeal State of Florida, July Term, A.D. 2010 Opinion filed September 15, 2010. ________________ No. 3D09-997 Lower Tribunal No. 08-62415 ________________ Glazy Ruscalleda and Jose Ruscalleda, Appellants, vs. HSBC Bank USA, etc., Appellee. John H. Ruiz and Karen Barnet-Backer, for appellants. Shapiro & Fishman and Heidi J. … Read more

Daily Business Review – Court Rebuffs Two Lenders that Foreclosed Same Loan

June 21, 2010 By: Paola Iuspa-Abbott By the time Glazy and Jose Ruscalleda realized that two different  lenders were foreclosing on their condo mortgage, they were almost out of time. While their lawyer fought a foreclosure action by American Home Mortgage Servicing, the couple was unaware that HSBC Bank USA was about to ask a … Read more

BAM! 3rd DCA Reverses Final Judgement RE Shapiro & Fishman HSBC – Trial Court Abused its Discretion

“We conclude that the trial 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 separate foreclosure action was pending in which another bank was simultaneously seeking to foreclose the same mortgage…” ________________________________________________________________________________________________ Third … Read more