Supporting, Informing & Connecting People in Foreclosure
Anyone else with BankUnited? working on case with BankUnited--I know the original bank was BankUnited, FSB, FDIC took it over last year and now the newly formed BankUnited (no relationship to BankUnited FSB as I understand) is listed as Plaintiff--no other information provided on summons--does anyone know the law of a bankrupt bank (as in BankUnited, FSB) and forclosure procedure? somewhere I remember reading that the foreclosure would be on hold until after the bankruptcy is over?
I'd like to get a copy of this depo as well, please, please, please! I'd like to include this prima facia in my case. This goes right to the root of the issue and is an acknowledgement on their part that there was no standing to foreclose. Thanks!
OK - Found It - It has already been posted here & Arpad is busy doing his own suit so here ya go gang - google/bing whatever you use:
Brian K. Korte, esq. took this deposition of Vanessa Cortez who works for the "new" Bankunited. The case number is 50-2009-CA-039650(AW) in Palm Beach, FL
Ms. Tibbitt is the lawyer for Vanessa Cortez/Bankunited.
The deposition is 92 pages long. What you are looking for begins on page 14 of 92 - but you should read the entire thing.
there's quite a few BankUnited depositions in there guys...
Who's deposition is this?
Supposed "Assignment" from FDIC to BankUnited and a Power of Attorney.
do you know if there was a prior power of atty issued to cover 5-21-2009 thru the effective date of this power of atty. thanks for this info. i've seen it before.
i wonder if with this power of atty and judicial notice of the FDIC purchase and sales agreement with an 80% guarantee as to losses, this constitutes, a joint venture of some kind or another, and makes, the FDIC, an indispensible party under the FRCP? if that were the case, i wonder if we could then file a motion to dismiss for failure to join an indispensible party? any thoughts?
I have no information on any POA or "Assignment" prior to this date. Any actions taken by the new BU prior to the date of these documents is voidable I would think.
Let's face it. In all the depositions I've seen of BU officers, none can claim an inventory was made of the loans that were still "owned" by BU prior to the day of seizure. I'm not talking "serviced" here. They can't tell what loans were sold because no inventory was made at that time, and none were identified in the P&A Agreement. If they can't provide evidence the old BU DID, in fact still own a specific loan up to that date, then any subsequent action on an individual loan (foreclosure, etc) is therefore void.
i agree with that argument, however, the bank will argue, that since they bought your note under FIRREA, and you didnt exhaust your administrative remedies with the FDIC, i.e., notify them of your claims, your claims are barred by FIRREA ... that's why i suggested making the fdic an indispensible party and since they already knew of the claims FIRREA is not applicable .... the publication of the power of atty ... puts them in cahoots ... in the same boat ... however, they dont seem to be acting in the best interest of the u s taxpayers .... "the most elementary conceptions of justice and public policy require that the wrongdoer shall bear the risk of uncertainty which his own wrong has created" and the essential legal issue of a purchaser can acquire no better title than his seller obtained .... and if fdic never took an inventory of the notes ... it would seem they never really acquired specific ownership of any of these notes? what do you think?
Well this is what we have here: BU can't prove they assumed or took over any particular Note/Mortgage form BU,FSB. No inventory was made by the FDIC. No assets listed as to any individual Note/Mortgage. On the top of it, BU rarely files the original Note with the Court. However endorsement in a form of an allonge(s) are appearing in court files, so one need to ask: why would BU,FSB indorse the Note, but not selling/transfering it?? More likely they sold it long before the FDIC take over, as the endorsements seems to indicate...
Friends......where is everybody?
Waiting for next court date on May 25th and preparing oral statements in support of the "Answer" I filed to BU's "Complaint". Will let everyone know how it went.