GASCUE v. HSBC BANK, U.S.A.

No. 4D10-1379.

97 So.3d 263 (2012)

Isabel Margarita GASCUE, Appellant, v. HSBC BANK, U.S.A., National Association as Trustee for the holders of Deutsche, Alt-B Securities Mortgage Loan Trust, Series 2006-AB4 Mortgage Pass-Through Certificates, Appellee.

District Court of Appeal of Florida, Fourth District.

August 29, 2012.


Attorney(s) appearing for the Case

Melva Harris-Rozier of Law Office of Melva Rozier, P.A., West Palm Beach, for appellant.

No brief filed for appellee.


POLEN, J.

Isabel Margarita Gascue ("Gascue") challenges an order denying her motion to vacate final judgment of foreclosure. Because Gascue alleged a colorable entitlement to relief under rule 1.540(b), Florida Rules of Civil Procedure, due to excusable neglect and the existence of meritorious defense, we reverse and remand for an evidentiary hearing on the motion.

In November 2007, HSBC Bank ("Bank") filed a complaint to foreclose on the mortgage and to enforce...

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