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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
BANKUNITED,
as [purported]successor in interestto [SEIZED] BANKUNITED, FSB.,
Plaintiff,
vs. CASE NO.: 09-6016-CA
JENNIFER FRANKLIN-PRESCOTT, et al.
NOTICE OF BANKRUPT BANKUNITEDS SEIZURE
___________________________________________________________________/
DOCKET ALTERATIONS EVIDENCE
MOTION FOR JUDGMENT IN FAVOR OF JENNIFER FRANKLIN PRESCOTT
PURSUANT TO UNIFORM COMMERCIAL CODE AND FLORIDA LAW
DISPOSITION NOTICE PURSUANT TO CASE DOCKET, 08/12/2010
BANKRUPT BANK SEIZURE INFORMATION AND 673.3011, FLA. STAT.,
EVIDENCE OF NO entitlement to enforce non-existent instrument, IN SUPPORT OF
EMERGENCY DEMAND TO EXTINGUISH FRAUDULENT action
FALSIFICATIONS APPARENT
1. Jennifer Franklin Prescott reports Case File demand and/or review in the Clerk of Courts
Office on August 12, 13, and 16, 2010. While the electronic Docket showed
a. disposition;
b. complaint; and
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c. summons,
none could be ascertainedand/orverifiedin the Naples Courthouse.
DEMAND FOR CLARIFICATION & EVIDENCE
2. On Monday August 16, 2010, AM, Jennifer Franklin Prescott demanded to see evidence of:
a. disposition;
b. complaint; and
c. summons in this fraudulent action.
CLERK OF COURT ASSERTED UNAVAILABLE CASE FILE
3. The Clerk of Court asserted that the Case File was not available and in the Office of
Defendant Judge Hugh D. Hayes.
DEFENDANT JUDGES ASSISTANT ASSERTED MISTAKE
4. Defendant Hayes Judicial Assistant, Jan, stated to Jennifer Franklin Prescott that
a. NO disposition;
b. NO complaint; and
c. NO summons
appeared to besupportedby the Case File.
NO negotiable instrumentUNDER GOVERNING CODE
5. The Uniform Commercial Code (UCC), Article 3, governs Negotiable Instruments.
Pursuant to 3-104. NEGOTIABLE INSTRUMENT, no negotiable instrument existed,
and no promise or order to pay a fixed amount of money and interest existed in this
fraudulent action. Bankrupt and seized Bankunited was unable to prove any right to
enforce the admittedly non-existent purported instrument. Here, the Court may not enter
judgmentin favor ofseized and bankrupt Bankunited. See UCC, Article 3. Here, the Court
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must enter judgment in favor of Jennifer Franklin Prescott. WHEREFORE, Jennifer
Franklin Prescott, who was not servedand does not submit to any jurisdiction, moves this
Court to declare the purported action fraudulent and a fraud on the Court, and enter
judgment ofdismissalin favor of Jennifer Franklin Prescott.
J. FRANKLIN PRESCOTT HOLDS FREE & CLEAR RECORD TITLE
6. Jennifer Franklin Prescott holds unencumbered record title to the subject protected
homesteadreal property. See Collier County Public Records.
PURPORTED DISPOSITION
7. The Case Docket stated disposition:
The purported disposition date was 08/12/2010.
RULE 1.540
8. Rule 1.540(a), Fla.R.Civ.P., authorizes the court to correct mistakes in a judgment. Here,
purported disposition appeared on the official Docket. Here there were no service, no
hearing, and no due process.
PURPORTED SUMMONS
9. Purportedly, a summons was issued, ELSA JARERO, who is not any known party to this
fraudulent action.
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PURPORTED COMPLAINT
10. A complaint appeared on the Docket.
Pursuant to Rule 1.190, Fla.R.Civ.P., the Court had nevergranted any leave.
PURPORTEDplaintiffHAD NO righttoenforce FICTITIOUS note
11. BankUnited was not entitled to enforce a fictitiousnote. Here, BankUnited was not any
holder of any note or mortgage at the time it filed suit or any time thereafter. It is
elementary that to be a holder, one must be in possession of the instrument. See s. 673.3011,
F.S. Here, BankUnited was not any proper party to file suit to foreclose a fictitious un-
delivered lost and/ordestroyedinstrument.
IMPOSSIBILITY OF ANY delivery
12. Under Florida law delivery is necessary to validate a negotiable instrument. A lost and/or
destroyednote or mortgage could not have possibly been delivered.
IMPOSSIBILITY OF ANY reestablishment
13. Here, the lost and/ordestroyednote or mortgage could not have possibly been reestablished
pursuant to Ch. 71, Fla. Stat.
EMERGENCY AND THREAT OF FURTHER INJURY
14. Known foreclosure fraud is an EMERGENCY. Further injury must be prevented.
NO note NO default
15. The purported plaintiffdid not own or holdany note. No obligation existed. No default
could havepossibly occurred. See also Uniform Commercial Code; Negotiable Instruments.
UNKNOWN LOSS OR DESTRUCTION
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16. The bankrupt and seized plaintiff bank asserted that any promissory note and mortgage
have been lostordestroyedand are not in the custody or controlof Bankunited, and the time
and manner of the loss or destruction is unknown. In this Case, Bankunited could not have
possibly reestablishedany lost ordestroyednote or mortgage.
CAMNER KNEW THAT reestablishmentWAS IMPOSSIBLE, CH. 71, FLA. STAT.
17. In particular, Founder and Attorney Alfred Camner and his law firm knew that Bankunited
could not havepossibly reestablishedany lost ordestroyednote or mortgage.
SEIZURE OF BANKRUPT BANKUNITED
18. On Thursday, May 21, 2009, BankUnited, FSB, Coral Gables, FL was seized by the Office
of Thrift Supervision (OTS), and the Federal Deposit Insurance Corporation (FDIC)
was named Receiver. Said seizure stripped away the main asset that belonged to the holding
company, BankUnited Financial Corp. Counsel Alfred Camner was the largest shareholder.
19. The June 22 Report by the U.S. Department of the Treasurys Office of Inspector
General (OIG) was critical of the banks management and Attorney and Founder Alfred
Camner. See Counsel, Camner Lipsitz law firm.
FAILURE & SEIZURE OF THE PURPORTEDplaintiff
20. BankUnited, FSBs failure in May 2009 cost the Federal Deposit Insurance Corps insurance
fund about $5.7 billion the second most costly failure in FDIC history.
NO instrument, and NO lien
21. Here, there was neither any instrumentnor any lien. Noproperty was described.
NO interest, and NOsuccessor in interest
22. Here, Bankunited, FSB, had no interest. Here, Bankunited was not and could not have
possibly been anysuccessor in interest. Nosum was due to theplaintiffbankruptbank.
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NO rights and NOstanding
23. Here, Bankunited, just like Bankunited, FSB, had no rights and nostanding.
NO conditions precedent FACIALLY FRIVOLOUS action
24. Here, the conditions precedentto the institution of anyforeclosure action did not occur and
could not havepossibly occurred. Here on its face, the sham action was frivolous.
THE COURT KNEW THAT reestablishmentWAS IMPOSSIBLE
25. Here as a matter of law, reestablishment was impossible. Here, the falsified promissory
note and mortgage have been lost or destroyed and are not in the custody or control of
Bankunited, and the time and mannerof the loss or destruction is unknown. See Ch. 71,
Fla. Stat.
26. Here, Jennifer Franklins record title was free and clear.
PROTECTED HOMESTEAD PROPERTY
27. Franklin Prescotts property is protected homestead property.
28. As a matter of law, any accountingunder a prima facie non-existentnote and mortgage was
impossible. The prima facienon-meritoriousdemand for an accountingwas fraudulent.
29. Jennifer Franklin Prescott is not any married woman.
30. Jennifer Franklin Prescott is not any defendantand was notserved.
31. Hugh D. Hayes is a named party Defendant. See Summons on file.
WHEREFORE, Jennifer Franklin Prescott demands
1. An Orderdeclaring the purported action fraudulent and a fraud on the Court;
2. An Orderclarifying said purported disposition, summons, and complaint;
3. An Order for judgment and dismissal in favor of Jennifer Franklin Prescott;
4. An Orderextinguishing the facially non-meritorious action;
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5. An Orderdeclaring the admittedlackof any recordof any note ormortgage;
6. An Orderdeclaring any reestablishmentof any note or mortgageimpossible;
7. An Orderdeclaring the lackof any interestby Bankunited;
8. An Orderdeclaring the action without any meritunder existing law;
9. An Orderenjoining any further fraud and harassment by Bankunited;
10. An Order for sanctions and expenses against said seized and bankrupt bank and its
dismissed and/or fired attorneys at Camner Lipsitz;
11. An Order removing the fired judicial officers with the Camner Lipsitz firm from these
proceedings, and striking their fraudulent pleadings, because they perpetrated record fraud
and fraud on this Court.
________________________
/s/Jennifer Franklin PrescottVictim of bankrupt Bankuniteds record fraud
Victim of seized Bankunited founder Alfred Camners record fraud on this Court
EXHIBIT: DOCKET ALTERATIONS
673.3011, FLA. STAT.
F.D.I.C. FAILED BANK INFORMATION
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Home/ Records Search / Court Records / Public Inquiry / Search Results - ALL / Case - 112009CA0060160001XX
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Case Information Printer Friendly Version
Style: BANKUNITED vs FRANKLIN-PRESCOTT, JENNIFER
Uniform Case Number: 112009CA0060160001XX Filed: 07/09/2009
Clerks Case Number: 0906016CA
Court Type: CIRCUIT CIVIL Disposition Judge: HAYES, HUGH D
Case Type: MORTGAGE FORECLOSURES Disposed: 08/12/2010
Judge: HAYES, HUGH D Reopen Reason:
Case Status: DISPOSED Reopened:Next Court Date: Reopen Close:
Last Docket Date: 08/12/2010 Appealed:
Parties
Dockets
Events
Financials
1 of 1 pages. Entries per page: 60
Date Text All Entries
07/09/2009 CA48/REAL PRO PERTY MORTGAGE FORECLOSURE (PRE 2010) (FILING)
07/09/2009 CIVIL COVER SHEET
07/09/2009 COMPLAINT
07/09/2009 NOTIC E OF LIS PENDENS
07/09/2009 PAID $10.00 PER ISSUANCE OF SUMMONS $40.00
07/09/2009 REAL PRO PERTY VALUATION SHEET
07/10/2009 SUMMONS ISSUEDJENNIFER FRANKLIN PRESCOTT/ WALTER PRESCOTT/ JOHN DOE/ MARY DOE/PLACED IN SOUTH FLORIDA PROCESS SERVERS BIN
09/03/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS MARY DOE
10/14/2009 AFFIDAVIT OF LOST OR IGINAL SUMMONS JOHN DOE
10/14/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS JOHN DOE
12/21/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS WALTER PRESCOTT
12/21/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS JENNIFER FRANKLIN-PRESCOTT
02/22/2010 NOTICE OF APPEARANCE
AS CO-COUNSEL BY ERIN M ROSE QUINN ON BEHALF OF PLT
04/06/2010 ALIAS SUMMONS ISSUEDJENNIFER FRANKLIN-PRESCOTT/WALTER PRESCOTT/PLACED IN PROVEST LLC BIN
05/20/2010 AFFIDAVIT OF NON-SERVIC E OF SUMMONS JENNIFER FRANKLIN PRESCO TT
05/20/2010 AFFIDAVIT OF NON-SERVICE OF SUMMONS WALTER PRESCOTT
06/15/2010 COR RESPONDENCE FROM COUNSEL TO CLERK
06/15/2010 AFFIDAVIT OF CONSTRUCT IVE SERVICE AS TO WALTER PRESCOTT
06/15/2010 AFFIDAVIT OF C ONSTRUCTIVE SERVICE AS TO JENNIFER FRANKLIN-PRESCOTT
06/15/2010 AFFIDAVIT OF CONSTRUCTIVE SERVICEAS TO ANY AND ALL UNKNOW N PARTIES CLAIMING
06/15/2010 AFFIDAVIT OF DILIGENT SEARCH AS TO WALTER PRESCOTT
06/15/2010 AFFIDAVIT OF DILIGENT SEARCH AS TO JENNIFER FRANKLIN-PRESCOTT
Find it here...
Site Search
8/14/2010 Public Inquiry
apps.collierclerk.com//Case.aspx?UC 1
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06/15/2010 COR RESPONDENCE FROM C OUNSEL TO GULF COAST BUSINESS REVIEW
06/17/2010 LETTER TO GULF COAST BUSINESS REVIEW
06/17/2010 NOTICE OF ACTIONTO WALTER PRESCOTT/JENNIFER FRANKLIN-PRESCOTT & ANY AND ALL UNKNOWNPARTIES CLAIMING
06/17/2010 AFFIDAVIT OF MAILING MAILED 6/18/10
06/18/2010 CONFIRMATION OF EMAIL RECEIVED BY GULF CO AST BUSINESS REVIEW
07/07/2010 AFFIDAVIT OF PUBLICATIONNOTICE OF ACTION TO WALTER PRESCOTT/JENNIFER FRANKLIN-PRESCOTT/ANSWERWITHIN 30 DAYS OF FIRST P UBLICATION 6/25/10
07/09/2010 MOTIO N TO DISMISS BY JENNIFER FRANKLIN PRESCOTT
07/22/2010 NOTICE OF SERVICE MOTION TO DISMISS
07/22/2010 MOTIO N TO DISMISS BY JENNIFER FRANKLIN PRESCOTT /PRO SE
07/22/2010 MOTIO N TO ENJOIN / BY JENNIFER FRANKLIN-PRESCOTT -PRO SE
07/22/2010 NOTICE OF SERVICEOF PUBLISHED NOTIC E OF RECORD & MOT ION TO DISMISSBY DEFENDANT
07/23/2010 MOTION FOR CLARIFICATION OF COUNSEL
07/23/2010 MOTION TO DISMISS
07/23/2010 MOTIO N TO C LARIFY ALLEGED PLAINTIFFS PUBLISHED NOTICE OF RECORD FRAUD
08/10/2010 COMPLAINT
08/12/2010 MOTIO N TO DISMISS PRO SE JENNIFER FRANKLIN PRESCOTT
08/12/2010 BANKRUPTCY BANKUNITED
08/12/2010 CA48/REAL PRO PERTY MORTGAGE FORECLOSURE (PRE 2010) (DISPOSITION)
08/12/2010 SUMMONS ISSUED ELSA JARERO/ PUT IN SOUTH FLOR IDA PROCESS BIN
Wedne sday night is regular ma intenance time on our se rvers; as a result brief outages may occur.We apologize in advance for any inconvenience.
Home | Site Map | Search | Disclaimer | Privacy Statement | FAQs | Contact Us
This website is m aintained by The Collier County Clerk of the Circuit Court. Under Florida law, em ailaddresse s are public records. If you do not want your email address released in response to a publicrecords request, do not send email to this entity. Instead, contact this office by phone or in writing.
8/14/2010 Public Inquiry
apps.collierclerk.com//Case.aspx?UC 2
8/9/2019 Docket Alterations
10/13
Home/ Records Search / Court Records / Public Inquiry / Search Results - ALL / Case - 112009CA0060160001XX
New SearchReturn to Case List
Case Information Printer Friendly Version
Style: BANKUNITED vs FRANKLIN-PRESCOTT, JENNIFER
Uniform Case Number: 112009CA0060160001XX Filed: 07/09/2009
Clerks Case Number: 0906016CA
Court Type: CIRCUIT CIVIL Disposition Judge:
Case Type: MORTGAGE FOR ECLOSURES Disposed:
Judge: HAYES, HUGH D Reopen Reason:
Case Status: OPEN Reopened:Next Court Date: Reopen Close:
Last Docket Date: 08/12/2010 Appealed:
Parties
Dockets
Events
Financials
2 of 2 pages. Entries per page: 20
Date Text All Entries
06/15/2010 AFFIDAVIT OF DILIGENT SEARCH AS TO JENNIFER FRANKLIN-PRESCOTT
06/15/2010 CORRESPONDENCE FROM C OUNSEL TO GULF COAST BUSINESS REVIEW
06/17/2010 LETTER TO GULF COAST BUSINESS REVIEW
06/17/2010 NOTICE OF ACTIONTO WALTER P RESCOTT/JENNIFER FR ANKLIN-PRESCOTT & ANY AND ALL UNKNOWNPARTIES CLAIMING
06/17/2010 AFFIDAVIT OF MAILING MAILED 6/18/10
06/18/2010 CONFIRMATION OF EMAIL RECEIVED BY GULF COAST BUSINESS REVIEW
07/07/2010 AFFIDAVIT OF PUBLICATIONNOTICE OF ACTION TO WALTER PRESCOTT/JENNIFER FRANKLIN-PRESCOTT/ANSWERWITHIN 30 DAYS OF FIRST P UBLICATION 6/25/10
07/09/2010 MOTIO N TO DISMISS BY JENNIFER FRANKLIN PRESCOTT
07/22/2010 NOTIC E OF SERVICE MOTIO N TO DISMISS
07/22/2010 MOTIO N TO DISMISS BY JENNIFER FRANKLIN PRESCOTT /PR O SE
07/22/2010 MOTIO N TO ENJOIN / BY JENNIFER FRANKLIN-PRESCOTT -PR O SE
07/22/2010 NOTICE OF SERVICEOF PUBLISHED NOTICE OF RECORD & MOT ION TO DISMISSBY DEFENDANT
07/23/2010 MOTION FOR CLARIFICATION OF COUNSEL
07/23/2010 MOTION TO DISMISS
07/23/2010 MOTIO N TO CLARIFY ALLEGED PLAINTIFFS PUBLISHED NOTICE OF RECORD FRAUD
08/10/2010 COMPLAINT
08/12/2010 SUMMONS ISSUED ELSA JARERO/ PUT IN SOUTH FLORIDA PROCESS BIN
Wedne sday night is regular ma intenance time on our se rvers; as a result brief outages may occur.We apologize in advance for any inconvenience.
Home | Site Map | Search | Disclaimer | Privacy Statement | FAQs | Contact Us
This website is ma intained by The Collier County Clerk of the Circuit Court. Under Florida law, em ail
Find it here...
Site Search
8/13/2010 Public Inquiry
apps.collierclerk.com//Case.aspx?UC 1
8/9/2019 Docket Alterations
11/13
addresse s are public records. If you do not want your email address released in response to a publicrecords request, do not send email to this entity. Instead, contact this office by phone or in writing.
8/13/2010 Public Inquiry
apps.collierclerk.com//Case.aspx?UC 2
8/9/2019 Docket Alterations
12/13
Home/ Records Search / Court Records / Public Inquiry / Search Results - ALL / Case - 112009CA0060160001XX
New SearchReturn to Case List
Case Information Printer Friendly Version
Style: BANKUNITED vs FRANKLIN-PRESCOTT, JENNIFER
Uniform Case Number: 112009CA0060160001XX Filed: 07/09/2009
Clerks Case Number: 0906016CA
Court Type: CIRCUIT CIVIL Disposition Judge: HAYES, HUGH D
Case Type: MORTGAGE FOR ECLOSURES Disposed: 08/12/2010
Judge: HAYES, HUGH D Reopen Reason:
Case Status: DISPOSED Reopened:Next Court Date: Reopen Close:
Last Docket Date: 08/12/2010 Appealed:
Parties
Dockets
Events
Financials
2 of 2 pages. Entries per page: 20
Date Text All Entries
06/15/2010 AFFIDAVIT OF DILIGENT SEARCH AS TO WALTER PRESCOTT
06/15/2010 AFFIDAVIT OF DILIGENT SEARCH AS TO JENNIFER FRANKLIN-PRESCOTT
06/15/2010 CORRESPONDENCE FROM C OUNSEL TO GULF COAST BUSINESS REVIEW
06/17/2010 LETTER TO GULF COAST BUSINESS REVIEW
06/17/2010 NOTICE OF ACTIONTO WALTER P RESCOTT/JENNIFER FR ANKLIN-PRESCOTT & ANY AND ALL UNKNOWNPARTIES CLAIMING
06/17/2010 AFFIDAVIT OF MAILING MAILED 6/18/10
06/18/2010 CONFIRMATION OF EMAIL RECEIVED BY GULF COAST BUSINESS REVIEW
07/07/2010 AFFIDAVIT OF PUBLICATIONNOTICE OF ACTION TO WALTER PRESCOTT/JENNIFER FRANKLIN-PRESCOTT/ANSWERWITHIN 30 DAYS OF FIRST P UBLICATION 6/25/10
07/09/2010 MOTIO N TO DISMISS BY JENNIFER FRANKLIN PRESCOTT
07/22/2010 NOTIC E OF SERVICE MOTIO N TO DISMISS
07/22/2010 MOTIO N TO DISMISS BY JENNIFER FRANKLIN PRESCOTT /PR O SE
07/22/2010 MOTIO N TO ENJOIN / BY JENNIFER FRANKLIN-PRESCOTT -PR O SE
07/22/2010 NOTICE OF SERVICEOF PUBLISHED NOTICE OF RECORD & MOT ION TO DISMISSBY DEFENDANT
07/23/2010 MOTION FOR CLARIFICATION OF COUNSEL
07/23/2010 MOTION TO DISMISS
07/23/2010 MOTIO N TO CLARIFY ALLEGED PLAINTIFFS PUBLISHED NOTICE OF RECORD FRAUD
08/12/2010 MOTIO N TO DISMISS PRO SE JENNIFER FRANKLIN PRESCOTT
08/12/2010 BANKRUPTCY BANKUNITED
08/12/2010 CA48/REAL PROPERTY MORT GAGE FORECLOSURE (PRE 2010) (DISPOSITION)
Wedne sday night is regular ma intenance time on our se rvers; as a result brief outages may occur.We apologize in advance for any inconvenience.
Find it here...
Site Search
8/17/2010 Public Inquiry
apps.collierclerk.com//Case.aspx?UC 1
8/9/2019 Docket Alterations
13/13
Home | Site Map | Search | Disclaimer | Privacy Statement | FAQs | Contact Us
This website is ma intained by The Collier County Clerk of the Circuit Court. Under Florida law, em ailaddresse s are public records. If you do not want your email address released in response to a publicrecords request, do not send email to this entity. Instead, contact this office by phone or in writing.
8/17/2010 Public Inquiry