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?

0 members like this

▶ Reply to This

Replies to This Discussion

Permalink Reply by Pro se on April 18, 2012 at 2:45pm

Can't see any specific morgage in Harborview 2006-8. How do u find it?

▶ Reply

Permalink Reply by Peace on April 18, 2012 at 2:56pm

Hi Arpad, there are no loans listed. I have checked every document.

▶ Reply

Permalink Reply by david brown on April 18, 2012 at 3:10pm

Hi Arpad ... did you say the loans were listed somewhere?

▶ Reply

Permalink Reply by Pro se on April 18, 2012 at 5:02pm

No, i can't find anything that would have my loan number or any loan number.

▶ Reply

Permalink Reply by Pro se on April 18, 2012 at 5:12pm

I realy think my loan was sold before the take over by FDIC. The lost Note and the allonge signed by BU FSB would indicate that that is what happened here.

▶ Reply

Permalink Reply by Pro se on April 19, 2012 at 9:18am

BU files a lost Note count.
BU "finds" the Note a year later.
The Note has no endorsement or allonge attached to it.
An allonge( copy only) appears via discovery, signed by BU FSB
BU claims the allonge got detached from the original Note, but claims they do not have the original allonge! LOL!
BU claims they got the Note from FDIC, but can't offer any evidence to prove that.

To me it is clear: BU FSB transfered the Note long time ago, kept the servicing right. BU claims they did not have the Note at the time of filing the Complaint. Bottom line: the original Note should have the allonge "affixed" to the Note permanently...Therefore the Note they claim is the original Note is just an electronic copy. The endorsement( allonge) proves "negotiations" under UCC and the lack of possession of the original Note proves delivery under UCC.

Otherwise why would BU FSB endorse the Note by creating an allonge and not have the Note in its possession?

▶ Reply

Permalink Reply by david brown on April 19, 2012 at 9:33am

can you request that the note be tested for authenticity by an expert forensic document examiner?

▶ Reply

Permalink Reply by Pro se on April 19, 2012 at 10:02am

DAVE, I LOOKED AT THE ALLEGED NOTE, THERE IS NO SIGN OF ANY ATTACHMENT/ENDORSEMENT ON IT. WHEN YOU SIGN A PAPER IT SHOULD HAVE AN "INPRINT" FROM YOUR PEN AND FROM THE PRESURE OF YOUR HAND. NOTHING LIKE THAT ON THIS ONE....

Permalink Reply by Pro se on April 20, 2012 at 10:26am

Q. So how did Bankunited come to possess this

13 note?

14 A. From the F.D.I.C. purchase and assumption

15 agreement.

16 Q. And under the F.D.I.C. purchase and

17 assumption agreement is this loan that’s the subject of

18 this litigation specifically listed?

19 A. No. I am not sure.

20 Q. Have you ever seen the purchase and

21 assumption agreement?

22 A. Yes, I have.