Supporting, Informing & Connecting People in Foreclosure

HELP NEEDED FOR BANKUNITED INFORMATION

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?

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Permalink Reply by Pro se on May 25, 2012 at 12:21am

Well i posted last week about this case:

Reply by Arpad on May 17, 2012 at 11:23am: Delete; Striker, where is that?

Here is a case we all need to watch: 502009CA039650XXXXMB in Palm Beach County. Last month SJ was denied, and the Judge wanted a trial in 30 days. So it is scheduled for next Wednesday. Typical BU case.

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Permalink Reply by BankUnited Litigant on May 24, 2012 at 2:53pm

While I have all the usual weapons against BU and so could draft a whole litany of reasons they have no standing in my case, I discovered a very simple issue that brings their whole house of cards down on their head.

In a few days, after the hearing, I'll let you know if the court agreed. This one item that nullifies all issues for the original BU, FSB and so also the "new" BU may not be applicable in any other cases. But, if it does what I believe it will, it will result in not only another dissmissal of the Writ of Restitution but also a vacating of the Trustee's Sale and therefore a successful Quieting of Title.

So wish this Pro Se luck fellow BU opponents!

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Permalink Reply by Pro se on May 25, 2012 at 12:23am

We are with you! I learned a few things at the trial as well. Will put it out soon.

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Permalink Reply by Striker on May 29, 2012 at 1:45pm

BU Litigant

Tell us what happened at your hearing last week???

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Permalink Reply by BankUnited Litigant on May 29, 2012 at 2:43pm

Those sneaky bast**d attorneys called the court and cancelled the hearing 2 days before without letting me know. So, guess I'll file the action myself so they can't cancel the next time!

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Permalink Reply by david brown on May 29, 2012 at 6:05pm

check out the administrative rules for that judge and see if that would be permissible in that judge's rules without filing a motion to cancel ... or certificate of good faith attempt to contact you ..... something doesnt sound right! perhaps, if it was their motion and they set the hearing, they can probably cancel without a problem ....

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Permalink Reply by BankUnited Litigant on May 29, 2012 at 8:35pm

I checked. Their motion, they can cancel without notice and without putting it in writing. That's ok. I'll file and they'll have to come out and play...

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Permalink Reply by Pro se on June 29, 2012 at 1:58pm

BU lost in Florida:

Filing Date:	08-JUN-2012
Filing Party:	BANKUNITED ASSIGNEE OF FDIC AS RECEIVER FOR BANKUNITED FSB,
Disposition Amount:
Docket Text:	FOR JUDICIAL NOTICE AT TRIAL

WLIS - WITNESS LIST

Filing Date:	08-JUN-2012
Filing Party:	INNOCENT, SUCCESS
Disposition Amount:
Docket Text:	SECOND, AND EXHIBIT LIST

PTST - PRETRIAL STIPULATION

Filing Date:	18-JUN-2012
Filing Party:	BANKUNITED ASSIGNEE OF FDIC AS RECEIVER FOR BANKUNITED FSB,
Disposition Amount:
Docket Text:	JOINT WITH SUCCESS INNOCENT

NOH - NOTICE OF HEARING

Filing Date:	19-JUN-2012
Filing Party:	BANKUNITED ASSIGNEE OF FDIC AS RECEIVER FOR BANKUNITED FSB,
Disposition Amount:
Docket Text:	PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE AT TRIAL

ORD - ORDER

Filing Date:	27-JUN-2012
Filing Party:
Disposition Amount:
Docket Text:	ON TRIAL, AFTER HEARING TESTIMONY THE COURT FINDS THAT PLT HAS NOT OFFERED SUFFICIENT EVIDENCE TO SUPPORT JUDGMENT. R CARNEY. DTD 6/27/2012.

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Permalink Reply by Striker on July 5, 2012 at 12:54pm

Arpad. . .Tried to e-mail you last month. Has anyone heard anything further about BankUnited? Last month BU was a "no show" at my Sumary Jugement hearing. Would like to know if anyone else is experiencing foot dragging by their attorney Kahane Assoc.

Permalink Reply by BankUnited Litigant on July 17, 2012 at 12:27pm

Victory!!!
Ok, we're not done, but nevertheless, a big court victory!
In my case we had a final hearing on Writ of Restitution. I had also made motions to overturn the original foreclosure and for quieting of the title, but a technicality prevented the judge from ruling on these. A very minor technicality, which we'll correct and re-submit. Now for the results!

The judge ruled:
1.) Dismissal of case WITH PREJUDICE!
2.) Charged the attorney with PROFESSIONAL MISCONDUCT! (sorta a biggie!)

Hizzoner told the attorney that BU would have to try to start ALL OVER AGAIN with a clean foreclosure proceeding, but his opinion was the matter was fatally flawed. He spent over half-an hour non-stop tearing the attorney a bunch of new orifices. It went on and on and, in my humble opinion, showed both a masterful understanding of all the matters I'd brought to him in the 2 prior hearings and, more importantly, showed he'd researched the case extensively by bringing up a couple of flaws and fraudulent matters I'd not presented.

This goes to show what an ethical and forceful advocate for the law can do in our justice system!

Now to re-submit the case for setting aside the non-judicial sale and quieting of title!

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Permalink Reply by foreclosureweary on July 17, 2012 at 1:15pm

what state are you in? and could lyou post what issues were brought forth that you won on?

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Permalink Reply by BankUnited Litigant on July 17, 2012 at 1:37pm

I'm in Washington State. I'll go into more detail after we've cleared the quiet title hurdle but a few below. Also, check my postings in the past on this thread.

Default of mortgage served in March, 2009 but trustee not named until a month later. Trustee's sale done July 2009, but as beneficiary BankUnited, FSB instead of the "new" BankUnited. Deed of Trust drawn up by trustee names BankUnited, FSB instead of "new" BU.

1.) Judge convinced trustee was aware that they "beneficiary" was not BU, FSB.

2.) Attorneys kept stating "they" realized the error on the Deed of Trust, as well as the filing of all motions of Plaintiff ("old" BU) and corrected it. Judge reminded them that none of that occurred until 15 months later and only because Defendants (me) and Judge (him) showed BU FSB had no standing as they didn't exist. THEN the documentation was changed.

3.) After he (Judge) had dismissed the case once, the attorneys brought the issue back to a different Judge (shopping a new judge) to see if he'd rule differently. Pissed current (and original) Judge off, and he hit attorneys with Professional Misconduct on that one.]

There's more, but I have to save it for the final overturning of the foreclosure sale and quieting of the title. Never give the other guys your ammunition, and they definately check this site out.

Cheers!