“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 District Court of Appeal
State of Florida, January Term, A.D. 2010
Opinion filed June 09, 2010.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D09-997
Lower Tribunal No. 08-62415
________________
Glazy Ruscalleda and Jose Ruscalleda,
Appellants,
vs.
HSBC Bank USA, etc.,
Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Mark King Leban, Judge.

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 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.
Visit 4closureFraud.org for the latest info.   No charge and not selling anything unlike sites that copy and paste this entry as their own without permission or accreditation.

Reversed and remanded.

~

4closureFraud.org

Glazy Ruscalleda and Jose Ruscalleda, Appellants, vs. HSBC Bank USA, etc., Appellee.