Only in Foreclosure World…
Third District Court of Appeal
State of Florida, July Term, A.D. 2010
Opinion filed September 15, 2010.
Lower Tribunal No. 08-62415
Glazy Ruscalleda and Jose Ruscalleda,
HSBC Bank USA, etc.,
John H. Ruiz and Karen Barnet-Backer, for appellants.
Shapiro & Fishman and Heidi J. Weinzetl (Boca Raton), for appellee.
I laugh, but in reality this is very disturbing because it happens more than you could imagine…
From the MOTION FOR REHEARING OR CLARIFICATION
Upon consideration of the appellee’s motion for rehearing or clarification, we withdraw our previous opinion filed on June 9, 2010, and substitute the following opinion in its stead.
This is an appeal of a final summary judgment in a mortgage foreclosure action entered in favor of plaintiff, HSBC Bank USA (“HSBC”), and against the defendants, Glazy Ruscalleda and Jose Ruscalleda. Based on the unique circumstances of this case, we reverse and remand for further proceedings. The unique circumstances surrounding this case involve a rather confusing situation caused by two banks—the appellee, HSBC, and American Home Mortgage Servicing, Inc. (“American Home Mortgage”)—because they were simultaneously attempting to foreclose the same mortgage. On October 8, 2008, American Home Mortgage filed a foreclosure action against the defendants.
A week later, HSBC filed an action to foreclose the same exact mortgage. The complaint filed by HSBC falsely alleged that it was the current owner and holder of the mortgage and note, when, in reality, American Home Mortgage was still the holder of the note and mortgage.
Check out the full opinion below…