Stone v. BankUnited, 115 So.3d 411, 413 (Fla. 2d DCA 2013) (quoting Mazine v. M & I Bank, 67 So.3d 1129, 1131 (Fla. 1st DCA 2011) ). "A plaintiff may prove that it has standing to foreclose ‘through evidence of a valid assignment, proof of purchase of the debt, or evidence of an effective transfer.’
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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.
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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.
merit to Ashear’s argument. See Stone v. BankUnited, 115 So. 3d 411, 412 (Fla. 2d DCA 2013) ("When reviewing a judgment rendered after a nonjury trial, the trial court’s findings of fact come to the appellate court with a presumption of correctness and will not be disturbed unless they are clearly erroneous."); Fito v.
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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