Stone V BankUnited

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Chase relies on Stone v. BankUnited, 115 So. 3d 411 (Fla. 2d DCA 2013), in which the homeowner contended bankunited lacked standing to foreclose. The promissory note in question named another entity as the lender and contained a blank endorsement from that lender.

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Stone v. BankUnited, 115 So. 3d 411, 413 (Fla. 2d DCA 2013). On the other hand, it is insufficient for the plaintiff to rely on its acquisition of the other entity.

Fallman also testified that BankUnited collected payments on Stone’s loan after May 21, 2009, that BankUnited only services loans that it owns, and that it serviced Stone’s loan. Therefore, BankUnited presented competent, substantial evidence that it owned the note and mortgage and thus had standing to foreclose.

See Stone v. BankUnited, 115 So. 3d 411, 413 (Fla. 2d DCA 2013) (" ‘Because a promissory note is a negotiable instrument and because a mortgage provides the security for the repayment of the note, the person having standing to foreclose a note secured by a mortgage may be either the holder of.

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Stone v. BankUnited, 115 So. 3d 411, 413 (Fla. 2d DCA 2013)). One type of such an "effective transfer" is a corporate merger, whereby a surviving entity may enforce the note and mortgage of the predecessor. section 607.1106 provides that in the event of a merger between corporations, "[e]very.

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stone v. bankunited annotate this case. download pdf. not final until time expires to file rehearing motion and, if filed, determined in the district court of appeal of florida second district andrea stone; the unknown spouse of andrea stone; any and all unknown parties claiming by, through.

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