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.
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Snyder seems completely at odds with the Second District Court of Appeal’s opinion in Stone v. BankUnited, 115 So.3d 411 (Fla. 2d DCA 2013) which found that a virtually identical fdic purchase and assumption agreement was satisfactory to demonstrate BankUnited’s standing.
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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.
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See Stone v. BankUnited, 115 So. 3d 411, 413 (Fla. 2d DCA 2013). A bank employee’s trial testimony that the plaintiff bank owned the note before the inception of the lawsuit is sufficient to resolve the issue of standing. See id. (plaintiff bank provided competent, substantial evidence that it owned and held the note prior to the filing of
STONE v. BANKUNITED | FindLaw – 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.
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Item 1.01 Entry into a Material Definitive Agreement. On March 13, 2013, BankUnited, Inc. (the “Company”) completed an underwritten public offering (the “Offering”) of 19,600,000 shares (the “Firm Shares”) of its common stock, par value $0.01 per share (“Common Stock”), pursuant to an underwriting agreement (the “Underwriting Agreement”), dated March 7, 2013, among the.