Rincon v. HSBC Bank USA, National Ass'n

Summary

The Florida Fifth District Court of Appeal affirmed a foreclosure judgment in favor of HSBC Bank USA, holding that HSBC established standing to foreclose when it filed the complaint. The court concluded that the note contained a blank indorsement and that testimony established HSBC's possession of the note at filing. The court also rejected a challenge to the admission of business records because the foundational requirements were satisfied.

Holdings

1. HSBC established standing to foreclose because it possessed the note, which was payable to bearer by virtue of the blank indorsement, when it filed the foreclosure complaint.
2. The trial court did not abuse its discretion by admitting the business records because the testifying witness addressed the foundational requirements of section 90.803(6)(a), Florida Statutes, and explained how the records were created.

Questions Presented

1. Whether HSBC established standing to foreclose at the time it filed the foreclosure complaint.
2. Whether the trial court abused its discretion by admitting HSBC's business records without a sufficient foundation.

Disposition

affirmed