Stone V BankUnited
Rather than certify conflict, the Fourth DCA distinguished Stone through an incredibly liberal reading of the facts in Stone which the Fourth DCA certainly would not have afforded BankUnited had the Fourth DCA heard Stone in the first instance. Turning next to Florida’s Fifth District Court of Appeal, the opinion in Schmidt v.
These days, perhaps, the most frequently alleged affirmative defense to a residential mortgage foreclosure action is the foreclosing plaintiff’s lack of standing. That should not be surprising because mortgage loans are frequently bought and sold in the secondary mortgage market,1 which requires the foreclosing plaintiff to demonstrate that it owned or held a legally sufficient interest in.
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925 (Fla. 4th DCA 2016) (quoting Stone v. BankUnited, 115 So.3d 411, 412 (Fla. 2d DCA 2013)). Because it was substituted as plaintiff after suit was filed, PennyMac had to prove at trial that JP Morgan had standing when the initial
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PDF United States District Court Southern District of Florida. – ex rel. susan brown and DAVID STONE, Plaintiffs-Relators, v. BANKUNITED TRUST 2005-1, et al., Defendants. / ORDER . THIS CAUSE comes before the Court onDefendants’ Motion to Dismiss Relators’ PDF Gary S. Snyder Jane Snyder, Jp Morgan Chase Bank, National.
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See Stone v. BankUnited, 115 So. 3d 411, 413 (Fla. 2d DCA 2013) (holding that BankUnited established standing to foreclose where its employee testified at the foreclosure trial that BankUnited acquired all the assets of the original lender pursuant to a purchase assumption agreement prior to the filing of the complaint).