HSBC BANK USA v. MAGUA

No. 4D17-1685.

243 So.3d 983 (2018)

HSBC BANK USA, as Trustee FOR PHH 2007-2, Appellant, v. David MAGUA; Sylvia J. Magua; Weston Lakes Maintenance Association Inc.; and The Town Foundation, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

March 28, 2018.


Attorney(s) appearing for the Case

Nicholas S. Agnello , Matt Mitchell and Sabrina Niewialkouski of Burr & Forman LLP, Fort Lauderdale, for appellant.

Nicole R. Moskowitz of Neustein Law Group, P.A., Aventura, for appellees David and Sylvia J. Magua.


This appeal arises out of a foreclosure complaint filed by the bank. After a bench trial, the trial court entered a foreclosure judgment in favor of the bank and the homeowners appealed. With respect to that first appeal, the homeowners argued that (1) the bank lacked standing and (2) it failed to prove damages and satisfaction of a condition...

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