Foreclosure – Prima Facie

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WI Court of Appeals – District I

Case Name: HSBC Bank USA, et al. v. Patricia R. Stewart-Martin

Case No.: 2018AP833

Officials: Brash, P.J., Brennan and Dugan, JJ.

Focus: Foreclosure – Prima Facie

Patricia R. Stewart-Martin appeals the judgment in favor of HSBC Bank USA, National Association as Trustee for Structured Asset Securities Corporation, Management Pass-Through Certificate, Series 2004-SCI (HSBC). The trial court granted HSBC’s motion for summary judgment on its foreclosure claims and it converted HSBC’s motion to dismiss Stewart-Martin’s counterclaims to a motion for summary judgment and dismissed her counterclaims.

Stewart-Martin argues that the trial court erred because it concluded that HSBC had established a prima facie case for foreclosure and because, without notice, it converted HSBC’s motion to dismiss her counterclaims to a motion for summary judgment. We conclude that the trial court erred in granting summary judgment on the foreclosure claims because HSBC did not establish a prima facie case that it possesses the note. Therefore, we reverse the trial court’s judgment of foreclosure and dismissal of Stewart-Martin’s counterclaims and remand for further proceedings.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.