GIL L. SERRANO, ONELIA SERRANO AND TIULANG VALDES, APPELLANTS,
v.
HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION, MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-PA1, APPELLEE

Fla. 4th DCA | 2013-02-20
No. 4D11-1767
STEVENSON, GERBER and CONNER, JJ., concur.
107 So. 3d 527 Florida District Court of Appeal, Fourth District (2013) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellants Gil L. Serrano, Onelia Serrano, and Tiulang Valdes, defendants below, appeal a final summary judgment of foreclosure in favor of appellee HSBC Bank USA, N.A. as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed Pass-Through Certificates, Series 2007-PA1. We reverse the summary judgment because there remains a genuine issue of material fact regarding whether appellee complied with the condition precedent contained in the mortgage to provide pre-suit notice of acceleration. See Dominko v. Wells Fargo Bank, N.A., 102 So.3d 696 (Fla. 4th DCA 2012). We find no merit in the other issues briefed by appellants.

Reversed and remanded.

STEVENSON, GERBER and CONNER, JJ., concur.

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  • Constant v. State, 120 So. 3d 122 (Fla. 4th DCA 2013)
    …, hearsay evidence is inadmissible.” § 90.802, Fla. Stat. (2010). Hearsay is “a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” Dixon v. State, 107 So. 3d 527, 533 (Fla. 4th DCA 2013) (citing § 90.801(l)(c), Fla. Stat. (2010)). While a declarant’s out-of-court statement will generally fall within this blanket prohibition, section 90.801(2)(c), Florida Statutes (2011), provides for an exclusion from hearsa…
  • Domenic Lombardo and Nancy Anzalone v. HSBC Bank USA, 117 So. 3d 845 (Fla. 4th DCA 2013)
    …e in its present state, there remains a genuine issue of material fact regarding whether ap-pellee complied with the condition precedent contained in the mortgage to provide pre-suit notice of acceleration. See Serrano v. HSBC Bank USA, Nat’l Ass’n, 107 So. 3d 527 (Fla. 4th DCA 2013); Dominko v. Wells Fargo Bank, N.A., 102 So. 3d 696 (Fla. 4th DCA 2012). We find no merit in the other issues raised by appellants. Reversed and remanded. STEVENSON, TAYLOR and CIKLIN, JJ., concur.…

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