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HSBC BANK USA v. ESTATE OF PETERCEN

No. 4D16-3283.

227 So.3d 640 (2017)

HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee, FOR the REGISTERED HOLDERS OF NOMURA HOME EQUITY HOME LOAN, INC., Asset-Backed Certificates, Series 2007-2, Appellant, v. The ESTATE OF Chloe Ann PETERCEN a/k/a Chloe Ann Petersen, Deceased, and Mortgage Electronic Registration Systems, Inc., as Nominee for Master Financial, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

September 27, 2017.

Attorney(s) appearing for the Case

Michael D. Starks of Greenberg Traurig, P.A., Orlando, and Patrick G. Broderick of Greenberg Traurig, P.A., West Palm Beach, for appellant.

No appearance for appellees.

Appellant ("the Bank") appeals the trial court's order dismissing its foreclosure suit and the order denying its motion for rehearing. The Bank argues that the trial court erred in dismissing the case based on unpled and unproven defenses of res judicata and statute of limitations. Although we agree with most of the Bank's arguments...

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