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HSBC BANK USA, N.A. v. PEREZ

No. 4D13-3193.

165 So.3d 696 (2015)

HSBC BANK USA, N.A., Appellant, v. Rolando PEREZ, Juan G. Guerra, Esperanza Medina, LaSalle Bank, N.A., and U.S. Bank, N.A., as trustee, successor in interest to Bank of America, N.A., as successor by merger to LaSalle Bank, N.A., as trustee for Washington Mutual Mortgage Pass-Through Certificates WMALT Series 2006-6 Trust, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 9, 2015.

Attorney(s) appearing for the Case

Jeremy W. Harris , Masimba M. Mutamba , and Khari E. Taustin of Morris, Laing, Evans, Brock & Kennedy, Chtd., Wellington, for appellant.

Joseph D. Wargo of Wargo & French, LLP, Miami, and Jeffrey N. Williams of Wargo & French, LLP, Los Angeles, California, for appellee, U.S. Bank, N.A.

As a result of a fraudulent scheme, two banks took possession of nearly identical promissory notes secured by the same mortgage. The underlying transaction contemplated just one note. After payments stopped, both banks sought to foreclose. The question before us asks which bank may proceed?

To resolve the dispute, the circuit court...

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