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?
Can't see any specific morgage in Harborview 2006-8. How do u find it?
Hi Arpad, there are no loans listed. I have checked every document.
Hi Arpad ... did you say the loans were listed somewhere?
No, i can't find anything that would have my loan number or any loan number.
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.
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?
can you request that the note be tested for authenticity by an expert forensic document examiner?
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....
Q. So how did Bankunited come to possess this
14 A. From the F.D.I.C. purchase and assumption
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.
23 Q. Does it say something like all assets?
24 A. Yes. All assets. Not this specific loan
25 in this litigation.
1 Q. It says all assets of Bankunited?
2 A. FSB, yes, that’s correct.
3 Q. So how would one determine whether or not
4 this loan had been sold before the takeover by
5 Bankunited, FSB?
6 A. I am not sure, sir.
7 Q. Do you know why Bankunited, FSB was taken
9 MS. TIBBITT: Objection to form.
10 THE WITNESS: No, I do not, sir.
Where is everybody?
Could I get the entire deposition? And did you do this deposition pro se?
What's happening with your case?
Hi Arpad, Could I get the entire deposition also please? Now on my second fc with BU, fsb