Serrano v. HSBC | Fla 4th DCA - Summary Judgment REVERSED - Dispute Related to Condition Precedent to Foreclosure Paragraph 22

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Serrano v. HSBC | Fla 4th DCA – Summary Judgment REVERSED – Dispute Related to Condition Precedent to Foreclosure

Serrano v. HSBC | Fla 4th DCA – Summary Judgment REVERSED – Dispute Related to Condition Precedent to Foreclosure

 DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2013

GIL L. SERRANO, ONELIA SERRANO and TIULANG VALDES,
Appellants,

v.

HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR WELLS
FARGO ASSET SECURITIES CORPORATION, MORTGAGE ASSETBACKED
PASS-THROUGH CERTIFICATES, SERIES 2007-PA1,
Appellee.

No. 4D11-1767

[February 20, 2013]

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.

* * *

Appeal from the Circuit Court for the Seventeenth Judicial Circuit,
Broward County; Joel T. Lazarus, Judge; L.T. Case No. 09-26205 21.

Garry W. Johnson and Bruce K. Herman of 511-Law.com, Fort
Lauderdale, for appellants.

Donna L. Eng and Dean A. Morande of Carlton Fields, P.A., West Palm
Beach, for appellee.

Not final until disposition of timely filed motion for rehearing.

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