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. Id. at 412.
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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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.
STONE v. BANKUNITED | FindLaw – 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.
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 the note or a nonholder in possession of the note.
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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).