Stone V BankUnited

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BankUnited filed suit against Alexia, Nelson and Herman Echevarria, stating that her late husband herman (and the boys’ father) took out a loan when he first purchased the condo in the luxury complex.

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Stone v. BankUnited, 115 So. 3d 411, 413 (Fla. 2d DCA 2013)). One type of such an "effective transfer" is a corporate merger, whereby a surviving entity may enforce the note and mortgage of the predecessor. section 607.1106 provides that in the event of a merger between corporations, "[e]very.

The first UDRP case where laches was given serious consideration by the panel was Bank United Corp. and Bank United v. BuildPro Communications (NAF, September 19, 2000), and concerned the disputed.

Fallman also testified that BankUnited collected payments on Stone’s loan after May 21, 2009, that BankUnited only services loans that it owns, and that it serviced Stone’s loan. Therefore, BankUnited presented competent, substantial evidence that it owned the note and mortgage and thus had standing to foreclose.

Chase relies on Stone v. BankUnited, 115 So.3d 411 (Fla. 2d DCA 2013), in which the homeowner contended BankUnited lacked standing to foreclose. The promissory note in question named another entity as the lender and contained a blank endorsement from that lender. Id. at 412.

mortgage Mortgage loan basics basic concepts and legal regulation. According to Anglo-American property law, a mortgage occurs when an owner (usually of a fee simple interest in realty) pledges his or her interest (right to the property) as security or collateral for a loan. Therefore, a mortgage is an encumbrance (limitation) on the right to the property just as an easement would be, but because most.

Stone v. BankUnited, 115 So.3d 411, 413 (Fla. 2d DCA 2013) (quoting Mazine v. M & I Bank, 67 So.3d 1129, 1131 (Fla. 1st DCA 2011) ). "A plaintiff may prove that it has standing to foreclose ‘through evidence of a valid assignment, proof of purchase of the debt, or evidence of an effective transfer.’

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Chase relies on Stone v. BankUnited, 115 So.3d 411 (Fla. 2d DCA 2013), in which the homeowner contended BankUnited lacked standing to foreclose. The promissory note in question named another entity as the lender and contained a blank endorsement from that lender. Id. at 412.