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SO here we have the 4th DCA getting close the 2d DCA opinion posted yesterday. You have the non-existent American Broker’s Conduit as “originator”, Wells Fargo playing the part of servicer, and HSBC playing the part of Trustee for a Trust that never received the loan. Hence there was no owner and no servicer, whose rights derive from the terms of the trust (but since the trust didn’t own the loan, the servicer had no rights to service that loan).
Once again in another DCA in Florida the courts are asking “where’s the beef?” If the transactions…