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Attorney Sheleen G, Khan Wins a Lawsuit against Foreclosure Lender, HSBC and Helps her Client to Save His Home and Wipeout The Mortgage.

In HSBC BANK USA, NA, as Trustee for Nomura Asset Acceptance Corporation, Mortgage Pass-Through Certificates Series 2006-ARI vs. ORLANDO ESLAVA, Case No. 08-CA-055313, Attorney Sheleen G. Khan was successful in convincing the Miami-Dade Circuit Court to stop the Foreclosure sale, vacate the Final Judgment of Foreclosure and nullify the mortgage balance on her client’s Aventura condominium. 

During the time HSBC filed a foreclosure action to take the Condominium, Mr. Eslava was told he can make payments to them under the Federal mortgage relief program and HSBC would try to qualify him for a Loan Modification. HSBC did not qualify Mr. Eslava but instead pushed to foreclose on his Condominium. 

In 2010, Bank foreclosures jumped to 90,000 and many Banks failed to approve loan modification for homeowners. The Courts were swamped with foreclosure cases that were incorrectly handled by many Lenders causing a lot of confusion and mistakes.

When Mr. Eslava brought the case to Attorney Khan, the Court had already entered the Final Judgment of Foreclosure and ordered the sale of the property. Attorney Khan read the Final Judgment and discovered HSBC violated the Judge’s order by failing to post a $414,000 bond because HSBC had no proof to show the Court it was the owner or holder of Mr. Eslava’s mortgage note.

Attorney Khan petitioned the Court to cancel the Judicial Sale and Vacate the Foreclosure Judgment on the grounds that HSBC violated the judge’s order by failing to post the bond. The Judge agreed with Attorney Khan and held HSBC in contempt of court.

Attorney Khan has been helping homeowner’s fight mortgage foreclosures for more than 13 years. If you have any questions or need additional information contact Attorney Khan at 954-328-1373 or contact us online at info@sheleenkhanlawfirm.