South Florida Foreclosure Attorney Wins Appeal In Mortgage Transfer Case
On February 2, 2015 by Eric Klein
Boca Raton, FL – 2/3/2015 – Kunal Mirchandani, attorney at Klein Law Group in South Florida, has obtained a complete victory in an appeal he and Joann M. Hennessey filed for their clients. The Fourth District Court of Appeals agreed that the judgment of the Circuit Court against Mr. Mirchandani’s clients could not stand because there was insufficient evidence that HSBC Bank proved standing to bring a foreclosure action. The Court ordered a full reversal, directing that judgment be entered in favor of the clients along with the attorney’s fees and costs for their ordeal, Murray v. HSBC Bank USA 2006 OP1, No. 4D13-4316.
HSBC Bank began its foreclosure in February 2009 with a note and mortgage payable to Option One Mortgage Corporation, a California Corporation, Case No. 502009CA005458XX. It claimed the right to enforce the note and mortgage as a non-holder in possession with the rights of a holder. At trial, Mr. Mirchandani pointed out that HSBC Bank failed to prove it had been assigned any rights from Option One Mortgage Corporation. The presiding Circuit Court Judge ruled for HSBC Bank, which identified itself at the trustee for Ace Securities Corp., under a pooling and servicing agreement governing a bundle of securitized mortgage loans.
Mr. Mirchandani filed an appeal in the Fourth District Court of Appeals. He argued that HSBC Bank failed to connect the dots and was not authorized to enforce the note and mortgage under § 673.3011 Fla. Stat. Despite HSBC Bank’s heavy reliance on a shell game of corporations, trusts, and assignments, there was no evidence that it had been transferred any rights from the original lender. Mr. Mirchandani argued the State of Florida should adopt rulings in other states that favor the rights of homeowners. The Fourth District Court of Appeals agreed and reversed the foreclosure judgment.
About Klein Law Group
Klein Law Group is a boutique South Florida law firm with conveniently located offices in Boca Raton, Fort Lauderdale and West Palm Beach, providing professional legal services in the areas of bankruptcy law, divorce, family law and real estate law. Visit the Klein Law Group website for more information about Kunal Mirchandani or Klein Law Group’s other bankruptcy, divorce, family law and real estate lawyers.