The Florida 3rd DCA dismissed a mortgage foreclosure complaint filed by HSBC when it learned that a second mortgage company, American Home Mortgage, also had a foreclosure lawsuit pending against the same condo. Occurrences like this are becoming all to common in the current foreclosure climate as lenders continue to bring foreclosure lawsuits without having the proper documentation showing they own the loans they are attempting to foreclose on. HSBC was represented by Boca Raton "foreclosure mill" Shapiro and Fishman who actually filed the foreclosure action 2 months before HSBC actually stated they owned the mortgage!
The Florida couple received a letter from HSBC alerting them of their foreclosure lawsuit. The couple had received a letter just days before alerting them to a foreclosure lawsuit on the property, brought by American Home Mortgage, so the couple assumed the HSBC letter was about the same lawsuit. The homeowners didn't even bring the HSBC letter to the attention of the attorney they hired to fight the America Home Mortgage foreclosure. Their attorney learned of the HSBC foreclosure lawsuit only during a check of the public records altered her that HSBC asked the court for permission to sell the condo.
These types of abuses can happen to homeowners who are unfamiliar with the legal system. If you are facing a Florida Foreclosure lawsuit it is always in your best interest to contact a Jacksonville Foreclosure Defense Lawyer to review the issues in your case. Jacksonville Foreclosure Defense Lawyers can prevent these types of abuses from happening and in many instances can raise defenses that can help to save your home.
