Consumer complaint received 2017-02-15
Company: BANKUNITED, NATIONAL ASSOCIATION
State: FL
Product: Mortgage
Sub-product: Conventional adjustable mortgage (ARM)
Issue: Loan modification,collection,foreclosure

Complaint:
BankUnited failed to answer a " Qualified Written Request '' under Section 6 of the Real Estate Settlement procedures Act ( RESPA ). This office has jurisdiction over the matter. BankUnited have been in receipt of various " Qualified Written Request '' under ( RESPA ) and are refusing to answer any of the questions. On XXXX XXXX BankUnited communicated that we did not sent a " valid '' written request and further alleged we did not include either a statement of reason for the belief of the borrower that the account is in error or sufficient detail to the servicer regarding information relating to the servicing of the loan. 

Clear and convincing evidence was provided to BankUnited were we can established that statement of reason is sufficient for BankUnited to have answer the " Qualified Written Request '' under Section 6 of the Real Estate Settlement Act ( RESPA ). 

On XXXX XXXX, XXXX a foreclosure complaint was filed against my property. The plaintiff introduced into evidence an allege copy of XXXX allonges with the purpose to establish ownership. As per Florida Statute a lender may submit any of the following as evidence of ownership ; 1. Special indorsement payable to the plaintiff 2. Blank Indorsement 3. allonge On XXXX XXXX, XXXX, BankUnited FSB XXXX FL, was closed by the office of Thrift Supervision ( OTS ) and the Federal Depository Insurance Corporation ( FDIC ) was named Receiver. 
Subsequent to the closure, BankUnited, a newly chartered federal savings bank, acquired the assets and most of the liabilities of bank united fsb. According to The Purchase agreement between the newly BanUnited and the FDIC, BankUnited was given 180 days to repurchase the assets. 

According to BankUnited they acquired our loan from the FDIC in XXXX and because of this information a Judge enter a final judgment on my property and placed for auction. The record reveals that BankUnited did not acquire the asset from the FDIC until XXXX XXXX, on which time was outside the 180 days per the agreement and not in XXXX as they stated in open court. 
According to the Purchase agreement Section XXXX proof of transfer is required from the register of deeds. The record reveals no assignment of mortgage " recorded '' in the state of Florida. 

The XXXX allonges provided in court, reflects an incorrect property address and therefore makes the final judgment " voidable '' as a matter of florida law and must be reverse. As per Florida Statutes when a mortgage contains an incorrect legal description a court may correct the mistake before foreclosure. If, however the mistaken legal description is not corrected before final judgment of foreclosure, and the mistake is carried into the advertisement for sale and the foreclosure deed, a court can not reform the mistake in the deed and judgment, rather the foreclosure process must begin anew. XXXX v XXXX XXXX., XXXX XXXX XXXX XXXX, XXXX ( XXXX XXXX XXXX XXXX ). 
I am attaching copy of the tax property appraisal so you can see that an incorrect property address is reflected on the allege allonge fabricated on XXXX XXXX and not in XXXX as the BankUnited claims. 
BankUnited is refusing to answers the questions because are aware of its own fraud and have deceived the Courts.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation