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RICHARDS v. HSBC BANK USA

No. 5D10-3895.

91 So.3d 233 (2012)

Gary C. RICHARDS, Appellant, v. HSBC BANK USA as Trustee for PHH 2007-2, Appellee.

District Court of Appeal of Florida, Fifth District.

June 22, 2012.

Attorney(s) appearing for the Case

Gary C. Richards, Gainesville, pro se.

Jeffrey M. Gano , of Florida Default Law Group, P.L., Tampa, for Appellee.

EVANDER, J.

Richards appeals the entry of a final summary judgment of mortgage foreclosure. Because a material disputed issue of fact remained as to whether HSBC was the holder of the note, we reverse.

The proper party with standing to foreclose a note and mortgage is the holder of the note and mortgage or the holder's representative. See Gee v. U.S. Bank Nat'l Ass'n, 72 So.3d 211, 213 (Fla. 5th DCA 2011). Thus, the...

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