McDaniel v. HSBC Bank
February 7, 2013In this forcible detainer action, Jackqueline McDaniel (the mortgagee in default) challenged the trial court’s decision to grant HSBC’s (the purchaser at the foreclosure auction) possession of the premises because, according to McDaniel, HSBC did not present any evidence of its landlord-tenant relationship with her. But HSBC had introduced the deed of trust and the foreclosures sale deed, and together these instruments demonstrated that (1) the landlord-tenant relationship, which arose following McDaniel’s default and (2) evidence that HSBC purchased the property at a public auction. Thus, HSBC established its right to immediate possession of the property and the Court of Appeals affirmed the trial court’s judgement.
