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CANNATO v. HSBC BANK USA, NATIONAL ASSOCIATION

No. 4D13-3007.

149 So.3d 148 (2014)

Kenneth CANNATO a/k/a Kenneth Cannato Jr., and Diana Cannato, Appellants, v. HSBC BANK USA, NATIONAL ASSOCIATION as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series, 2007-1, Appellee.

District Court of Appeal of Florida, Fourth District.

October 8, 2014.

Attorney(s) appearing for the Case

Bruce K. Herman of The Herman Law Group, P.A., Fort Lauderdale, for appellants.

MaryEllen M. Farrell and Dean A. Morande of Carlton Fields Jorden Burt, P.A., West Palm Beach, for appellee.

ON CONFESSION OF ERROR

PER CURIAM.

Kenneth and Diana Cannato appeal from a final summary judgment of foreclosure. The Cannatos argue that there remains a genuine issue of material fact as to whether HSBC Bank had standing at the time it filed the foreclosure complaint. HSBC Bank concedes this argument has merit. We agree with the parties that there is still a genuine issue of material fact as to this issue. Accordingly, we reverse

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