Davenport v. HSBC BANK USA

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding foreclosure void because foreclosing party did not perfect title to mortgage until after notice sent
• “Because defendant lacked the statutory authority to foreclose, the foreclosure proceedings were void ab initio.”
• foreclosure must be vacated where bank “did not yet own the indebtedness that it sought to foreclose”
• attempt to foreclose by party that had not yet been assigned mortgage results in “structural defect that goes to the very heart of defendant’s ability to foreclose by advertisement,” and renders foreclosure sale void
• “Because defendant lacked the statutory authority to foreclose, the foreclosure proceedings were void ab initio”
• attempt to foreclose by party that had not yet been assigned mortgage results in “structural defect that goes to the very heart of defendant’s ability to foreclose by advertisement,” and renders foreclosure sale void

Source: CourtListener parenthetical corpus (CC0).