Complaint #1445885 submitted on 06/30/2015 relating to BankUnited. Complaint relates to Mortgage Conventional adjustable mortgage (ARM) - Settlement process and costs .
Complaint was submitted via Web and sent to the company on Tuesday 30th June 2015.
The case is centered on the bank refusal to honore our TILA rescission. For over five years we 've been fighting them in their attempts to take our home.
We initially purchased our homestead property on XXXX XXXX, XXXX from XXXX XXXX with a XXXX mortgage and a XXXX mortgage. We subsequently consolidated the XXXX loans on XXXX XXXX, XXXX and took a new mortgage with a different " lender '' called XXXX. On XXXX XXXX, XXXX, Florida XXXX XXXX XXXX XXXX terminated XXXX XXXX XXXX ( " XXXX '' ) mortgage lending license due to questionable lending activities ( Exhibit-XXXX ). On XXXX XXXX, XXXX, after discovering irregularities in our mortgage loan we rescinded our loan by notifying XXXX and BankUnited XXXX via certified mails with return receipt requested ( Exhibit-XXXX ). Neither XXXX nor BankUnited XXXX/BankUnited N.A. responded to the letter of rescission.
On XXXX XXXX, XXXX, based on our rescission, we filed our quiet title action in XXXX XXXX, Florida. A default final judgment was entered on XXXX XXXX, XXXX. On XXXX XXXX, XXXX, BankUnited N.A. a newly formed bank, filed a foreclosure action against me and my wife in the Circuit Court of XXXX XXXX, Florida.
On XXXX XXXX, XXXX, BankUnited N.A, filed a motion to vacate the default final judgment of quiet title and the state court vacated the judgment. On XXXX XXXX, XXXX, the FDIC, in its capacity as receiver for BankUnited XXXX removed the case to XXXX XXXX Court for the XXXX XXXX XXXX Florida. On XXXX XXXX, XXXX, the federal court erroneously dismissed our claim of rescission. The court granted summary judgment in favor of BankUnited N.A. The XXXX XXXX XXXX XXXX XXXX affirmed the lower court decision ( Exhibit-XXXX ). With the money judgment BankUnited N.A. obtained a foreclosure judgment and scheduled the sale of our property. We are currently appealing that decision. BankUnited N.A with the help of the law firm of XXXX XXXX XXXX and XXXX XXXX XXXX. have consistently ignored our rescission and caused us to defend an illegal foreclosure for years. The Supreme Court decision in XXXX, No. XXXX ( U.S. XXXX XXXX, XXXX ) confirmed that we properly rescinded our loan. The bank and its lawyers continue to harass and threaten us with the foreclosure of our home. We seek the help of the agency to resolve this matter once and for all.
| Company | BankUnited |
| Complaint ID | 1445885 |
| Date Received | 06/30/2015 |
| Product | Mortgage Conventional adjustable mortgage (ARM) |
| Issue | Settlement process and costs |
| State/ZIP Code | FL 336XX |
| Consumer Consent | Consent provided |
| Company Public Response | Company chooses not to provide a public response |
| Company Response To Customer | Closed with explanation |
| Submitted | Web 06/30/2015 |
| Result | Timely Response: Yes, Consumer Disputed: Yes |
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