Stone V BankUnited

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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.’

Stone v. Bankunited. 115 So.3d 411. Important Paras "The party seeking foreclosure must present evidence that it owns and holds the note and mortgage to establish standing to proceed with a foreclosure action." Mazine v.

Stone v. BankUnited, 115 So. 3d 411, 412 (Fla. 2d DCA 2013). As to standing, however,’"[w]e review the sufficiency of the evidence to prove standing to bring a foreclosure action de novo.’"

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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.

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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.