Case Results

Our Case Results

Reversed

Real Estate Case

Rodger and Lina Duke v. HSBC Mortgage Services, LLC

Appellants, Rodger and Lina Duke appealed the trial court's order granting final summary judgment of foreclosure in favor of appellee, HSBC Mortgage Services, Inc. The 4th DCA reversed the trial court's order and held that the record reflected genuine issues of material fact, making summary judgment improper.

Reversed And Remanded

Real Estate Case

Servedio v. U.S. Bank National Association

Bank could not rely on copy of original promissory note and affidavit of ownership that it allegedly presented to the trial court at summary judgment hearing in order to prove its ownership of the note and its standing to foreclose on mortgage; documents were not filed with the clerk of court until several days after the entry of summary judgment and were not part of the record at the time the motion for summary judgment was granted, and bank failed to comply with summary judgment rules requiring the documents to be authenticated, filed, and served more than 20 days before the summary judgment hearing

Affirmed in part; reversed in part; and remanded for further proceedings

Real Estate Case

Cepero v. The Bank of New York Mellon Trust Company, N.A., etc.

Appellants, Raul and Leslie Cepero, appeal an order denying their motion to quash service of process. They claim that the court erred in concluding that the motion was not proper simply because their claim of insufficiency of service of process was not made in their initial motion to dismiss. We agree that the court erred in determining that they had waived their claim by failing to assert it in the motion to dismiss, as they amended the motion to include this claim prior to the court ruling on the motion. We thus reverse as to Leslie Cepero.

Affirmed

Real Estate Case

Eric Siverson and Rebekah Siverson v. U.S. Bank National Association, as Trustee, etc.

Appellant met her burden of proof to show by clear and convincing evidence that service of process by substituted service on her husband, failed to meet the requirements of Florida Statute §48.031.