HELP NEEDED FOR BANKUNITED INFORMATION

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Permalink Reply by Deborah Rugg on May 7, 2010 at 1:21pm

Ms. Shaffer,
I have the same situation and my case is set for Summary Final Judgment on June 9, 2010. the only difference in my case, that was filed in May 2009, is that the Plaintiff is still BankUnited, FSB, and the attorney office (that was supposedly terminated last May) is still prosecuting the matter.
I would like to discuss what new developments you have come across - especially whether there is suppose to be a stay of actions while the bankruptcy is pending. Thanks, Deborah

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Permalink Reply by foreclosureweary on May 7, 2010 at 5:35pm

Deborah, Call me 941 377-9930--Maia

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Permalink Reply by BankUnited Litigant on May 9, 2010 at 1:05pm

I had a hearing in Benton County Superior Court in Washington State this week. The hearing was an order to Show Cause and an Note for Motion for Ordering Issuing of Writ of Restitution. My attorney was surprised I showed. When we were called, I asked the judge if he was aware that the Plaintiff in the case, Bank United FSB, didn't exist and was not the note holder. When the judge asked how I knew this, I told him "I googled it." After the judge stopped laughing, he granted a two week extension for Plaintiff's counsel to find out who they actually were working for. He suggested they google it.

In the meantime, any help on the violation of Bank United FSB via breach of contract by not letting us (borrowers) know they were being sold, grabbed or whatever that occurred May 21, 2009, and what to do to get the house back (no bidders in Trustee Sale in July 2009--- by the way, who was selling my house if BU FSB didn't exist at this time?---- so home was supposedly acquired by Bank United but can't even track this)

I've only 2 weeks before next hearing and hope I can get information to my attorney to either get injunctive or declarative relief.

Thanks!
Aaron Johnson

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Permalink Reply by foreclosureweary on May 9, 2010 at 3:14pm

Aaron, I am in Florida where we get summons with Plaintiff's name on it-- I have seen at least 3 different Plaintiff's listed on the summons issued from BankUnited. (they just can't figure out who they are.)

1) BANKUNITED, as successor in interest to BANKUNITED, FSB.
2) BANKUNITED, ASSIGNEE OF THE FDIC, AS RECEIVER FOR BANKUNITED, FSB
3) BANKUNITED

Aaron, Here's the information as I understand it, BANKUNITED was formed as a group of rich investors to purchase the assets of BANKUNITED, FSB "on the cheap" when BANKUNITED, FSB was taken over by the FDIC May '09 and placed in receivership. BankUnited Financial Corp. the holding company for BankUnited, FSB filed for bankruptcy Oct. '09. BANKUNITED is a separate entity from BankUnied, FSB. This is a game the banks play (have you noticed?)--lender on your mortgage goes bankrupt and another entity purchases the mortgage for pennies on the dollar with similar name. Who knew?

I'd go for funding in Discovery. Also, unjust enrichment, credit enhancements, etc.

As Neil Garfield teaches: ASK 1)Who is the Creditor? 2)What have the credit enhancements been, i.e. mortgage default insurance, credit default swaps, 2 yield shield premiums, plus government bail-out? (all the BankUnited mortgages I've seen have Yield shield Premiums, check you settlement statement from closing). 3) What injury or damage did the bank suffer? Remember, you can't be paid twice for a loan, and whoever is coming after you probably bought your loan for bumpkins!

sounds like you're in a non-judicial state, so not sure what court action to take, but I wish you all the best and hey, at least your judge listened to you and your attorney let you speak--research, study and let lyour voice be heard. GOOD LUCK!--Maia

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Permalink Reply by joshua caleb on October 15, 2010 at 8:08am

Got BankUnited on fraud against the court. Will forward once complete.

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Permalink Reply by foreclosureweary on October 15, 2010 at 11:20am

Joshua, WOW! anxiously awaiting your information--and will pass along to others in same situation--Maia

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Permalink Reply by david brown on October 15, 2010 at 12:26pm

hi josh, i have a case with bankunited fsb. tina bado signed the affidavit for summary judgment. she refused to sit for a deposition and no longer works for the bank. curious if you have similar circumstances. david bsprop777@gmail.com

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Permalink Reply by Deborah Rugg on October 15, 2010 at 1:16pm

David,
My signer is LeNecia Knighton. Any info on her. Their first Affidavit was signed in October 2009 by Tina Bado as senior vice president of BankUnited, as successor in interest to BankUnited, FSB. She signed when Camner Lipsitz, PA was attorney on file. They got fired when BU 'died'. Now it is Albertelli Law. Who is representing the bank in your case?

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Permalink Reply by Michael N. Lygnos on October 15, 2010 at 1:28pm

Florida case. I have a form affidavit signed by Knighton as well, in support of the mot for summary judgment. Albertelli Law as well. Case plaintiff is BU not BU FSB, loan originator. Do you know if these loans were securitized? Any info on Knighton? I am sending out extensive discovery today but any little bit will help

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Permalink Reply by foreclosureweary on October 15, 2010 at 1:35pm

BankUnited has refused to answer any discovery I have sent--also, Knighton is the new signer (though not on mine as my case is older)--any info on Knighton will be helpful--BU also sends a sheet for prices to obtain documents--Maia

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Permalink Reply by Michael N. Lygnos on October 15, 2010 at 1:51pm

have you send a RESPA Qualified Written Request?

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Permalink Reply by Deborah Rugg on October 15, 2010 at 2:14pm

Do not know if these were securitized. I do not believe so. If you 'google' BankUnited fsb fdic, you can find the Purchase and Assumption Agreement. It does not identify each loan that was sold, so it would be curious to know if ours were in the 'pile'.

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