DUKE v. HSBC MORTG. SERVICES, LLC

No. 4D09-5183.

79 So.3d 778 (2011)

Rodger and Lina DUKE, Appellants, v. HSBC MORTGAGE SERVICES, LLC, Appellee.

District Court of Appeal of Florida, Fourth District.

Opinion on Denial of Rehearing February 8, 2012.


Attorney(s) appearing for the Case

Elsa M. Figueras of E. Figueras & Associates, P.A., Fort Lauderdale, and Peter J. Snyder of Peter J. Snyder, P.A., Boca Raton, for appellants.

Enrico G. Gonzalez , Temple Terrace, for appellee.


POLEN, J.

Appellants, Rodger and Lina Duke ("the Dukes"), appeal the trial court's order granting final summary judgment of foreclosure in favor of appellee, HSBC Mortgage Services, Inc. ("HSBC"). We reverse the trial court's order and hold that the record reflected genuine issues of material fact, making summary judgment improper.

In May 2009, appellee, HSBC, brought an action against appellants, the Dukes, to foreclose on a mortgage on real property in Palm...

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