Emergency Demand to Extinguish Fraudulent Action

8/9/2019 Emergency Demand to Extinguish Fraudulent Action

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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT

IN AND FOR COLLIER COUNTY, FLORIDA

BANKUNITED,

as [purported] successor in interest to [failed] BANKUNITED, FSB.,

Plaintiff,

vs. CASE NO.: 09-6016-CA

JENNIFER FRANKLIN-PRESCOTT, et al .

NOTICE OF BANKRUPT BANKUNITED’S SEIZURE

___________________________________________________________________/

EMERGENCY DEMAND TO EXTINGUISH FRAUDULENT ACTION

SEIZURE OF BANKRUPT BANKUNITED

1. Bankrupt Bankunited was seized.

2. Bankunited was not entitled to enforce a fictitious note. 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 .

3. Here, Bankunited was not any proper party to file suit to foreclose a fictitious un-delivered

lost and/or destroyed instrument .

4. Under Florida law delivery is necessary to validate a negotiable instrument . A lost and/or

destroyed note could not have possibly been delivered .

EMERGENCY AND THREAT OF FURTHER INJURY

5. Known foreclosure fraud is an EMERGENCY. Further injury must be prevented.

NO note – NO default



6. The purported plaintiff did not own or hold any note. No obligation existed. No “default ”

could have possibly occurred.

UNKNOWN LOSS OR DESTRUCTION

7. The bankrupt and seized “plaintiff” bank asserted that any “promissory note and mortgage

have been lost or destroyed and are not in the custody or control of Bankunited, and the time

and manner of the loss or destruction is unknown .”

NO instrument , and NO lien

8. Here, there was neither any instrument nor any lien. No property was described .

NO interest , and NO successor in interest

9. Here, Bankunited, FSB, had no interest . Here, Bankunited was not and could not have

possibly been any successor in interest . No sum was due to the bankrupt plaintiff bank.

NO rights and NO standing

10. Here, Bankunited, just like Bankunited, FSB, had no rights and no standing .

NO conditions precedent – FACIALLY FRIVOLOUS ACTION

11. Here, the conditions precedent to the institution of any foreclosure action did not occur and

could not have possibly occurred. Here on its face, the sham action was frivolous.

reestablishment WAS IMPOSSIBLE

12. 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 manner of the loss or destruction is unknown.” See Ch. 71, Fla.

Stat.

PROTECTED HOMESTEAD PROPERTY

13. Franklin Prescott’s property is protected homestead property.



14. As a matter of law, any accounting under a prima facie non-existent note and mortgage was

impossible. The prima facie non-meritorious demand for an accounting was fraudulent.

15. Jennifer Franklin Prescott is not any “married woman”.

16. Jennifer Franklin Prescott is not any Defendant and was not served .

17. Hugh D. Hayes is a named party Defendant.

WHEREFORE, Jennifer Franklin Prescott demands

1. An Order extinguishing the facially non-meritorious action;

2. An Order declaring the lack of any record of any note or mortgage;

3. An Order declaring the lack of any interest by Bankunited;

4. An Order declaring the action without any merit under existing law;

5. An Order enjoining any further fraud and harassment by Bankunited;

6. An Order for sanctions and expenses against said seized and bankrupt bank and its dismissed

and/or fired attorneys at Camner Lipsitz;

7. 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 Bankunited’s record fraud

Victim of seized Bankunited founder Alfred Camner’s record fraud on this Court





IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT

IN AND FOR COLLIER COUNTY, FLORIDA

BANKUNITED,

as [purported] successor in interest to [failed] BANKUNITED, FSB.,

Plaintiff,

vs. CASE NO.: 09-6016-CA

JENNIFER FRANKLIN-PRESCOTT, et al .

NOTICE OF BANKRUPT BANKUNITED’S SEIZURE

___________________________________________________________________/

BANKRUPT BANK SEIZURE INFORMATION IN SUPPORT OF

EMERGENCY DEMAND TO EXTINGUISH FRAUDULENT ACTION

SEIZURE OF BANKRUPT BANKUNITED

1. 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. Subsequent to the seizure, BankUnited, a newly chartered federal

savings bank, acquired the assets and most of the liabilities of BankUnited, FSB, from the

FDIC as Receiver for BankUnited, FSB.

2. The seizure stripped away the main asset that belonged to the holding company, BankUnited

Financial Corp. Counsel Alfred Camner was the largest shareholder.

3. The June 22 Report by the U.S. Department of the Treasury’s Office of Inspector

General (OIG) was critical of the bank’s management and Attorney and Founder Alfred

Camner. See Counsel, Camner Lipsitz law firm.



4. BankUnited, FSB’s failure in May 2009 cost the Federal Deposit Insurance Corp’s insurance

fund about $5.7 billion – the second most costly failure in FDIC history.

NO right TO enforce FICTITIOUS note

5. BankUnited was not entitled to enforce a fictitious note. 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 .

6. Here, BankUnited was not any proper party to file suit to foreclose a fictitious un-delivered

lost and/or destroyed instrument .

7. Under Florida law delivery is necessary to validate a negotiable instrument . A lost and/or

destroyed note could not have possibly been delivered .

EMERGENCY AND THREAT OF FURTHER INJURY

8. Known foreclosure fraud is an EMERGENCY. Further injury must be prevented.

NO note – NO default

9. The purported plaintiff did not own or hold any note. No obligation existed. No “default ”

could have possibly occurred. See also Uniform Commercial Code; Negotiable Instruments.

UNKNOWN LOSS OR DESTRUCTION

10. The bankrupt and seized “plaintiff” bank asserted that any “promissory note and mortgage

have been lost or destroyed and are not in the custody or control of Bankunited, and the time

and manner of the loss or destruction is unknown .”

NO instrument , and NO lien

11. Here, there was neither any instrument nor any lien. No property was described .

NO interest , and NO successor in interest





4. An Order declaring the action without any merit under existing law;

5. An Order enjoining any further fraud and harassment by Bankunited;

6. An Order for sanctions and expenses against said seized and bankrupt bank and its dismissed

and/or fired attorneys at Camner Lipsitz;

7. 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 Prescott

Victim of bankrupt Bankunited’s record fraudVictim of seized Bankunited founder Alfred Camner’s record fraud on this Court

EXHIBIT: F.D.I.C. FAILED BANK INFORMATION



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Failed Bank Information

Information for BankUnited, FSB, Coral Gables, FL

I. IntroductionII. Press Release En Español

III. Acquiring Financial InstitutionIV. Question and Answer Guide En Español

V. Banking ServicesVI. Loan CustomersVII. Possible Claims Against the Failed InstitutionVIII. Priority of Claims

IX. Dividend InformationX. Brokered DepositsXI. Agreements

Purchase and Assumption Agreement (627 kb PDF File - PDF Help)

Addendum to Purchase and Assumption Agreement (104 kb PDF File - PDF Help)

Warrant (1 mb PDF File - PDF Help)

Registration Rights Agreement ( 1 mb PDF File - PDF Help)XII. BankUnited Contact InformationXIII. Balance Sheet Summary

I. Introduction

On Thursday, May 21, 2009, BankUnited, FSB, Coral Gables, FL was closed by the Office of Thrift

Supervision (OTS) and the Federal Deposit Insurance Corporation (FDIC) was named

Receiver. Subsequent to the c losure, BankUnited, a newly chartered federal savings bank, acquired the

assets and most of the liabilities of BankUnited, FSB from the FDIC as Receiver for BankUnited, FSB. No

advance notice is given to the public when a financial inst itution is closed.

The FDIC has assembled useful information regarding your relationship with this institution. Besides a

checking account, you may have Certificates of Deposit, a car loan, a business checking account, a

commercial loan, a Social Security direct deposit, and other relationships with the institution. The FDIC

has compiled the following information, which should answer many of your questions.

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II. Press Release

The FDIC has issued a press release (PR-072-2009) about the institution's closure. If you represent a

media outlet and would like information about the closure, please contact David Barr at 202-898-6992.

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III. Acquiring Financial Institution

All deposit accounts, excluding certain brokered deposits, have been transferred to BankUnited, Coral

Gables, FL ("assuming institut ion") and will be available immediately. On Friday, May 22, 2009, the

former BankUnited, FSB locations will reopen as branches of BankUnited.

Checks that were drawn on BankUnited, FSB that did not clear before the institution closed will be

honored as long as there are sufficient funds in the account. You may speak to an FDIC representative

regarding deposit insurance by calling: 1-800-451-1093 or visit EDIE the FDIC's Elect ronic Deposit

Insurance Es timator.

EDIE - FDIC's Electronic Deposit Insurance Estimator

You may withdraw your funds from any transferred account without an early withdrawal penalty until you

enter into a new deposit agreement with BankUnited as long as the deposits are not pledged as collateral

for loans.

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V. Banking Services

The Automated Teller Machines (ATM) and online service will remain available.

As of Friday, May 22, 2009, you may continue to use the services to which you previously had access,

such as, safe deposit boxes, night deposit boxes, wire services, etc.

Your checks will be processed as usual. All outstanding checks will be paid against your available

Each depositor insured to at least $250,000 per insured bankSearch FDIC...

Bank Data & Statistics Research & Analysis Failed Banks

8/12/2010 FDIC: Failed Bank Information - Bank …

fdic.gov/bank/…/bankunited.html 1



balance(s) as if no change had occurred. Your new bank will contact you soon regarding any changes in

the terms of your account. If you have a problem with a merchant refusing to accept your check, please

contact your branch office. An account representative will clear up any confusion about the validity of your

checks.

All interest accrued through Thursday, May 21, 2009, will be paid at your same rate. BankUnited will be

reviewing rates and will provide further information soon. You will be notified of any changes.

Your automatic direct deposit(s) and/or automatic withdrawal(s) will be t ransferred automatically to your

new bank. If you have any questions or special requests, you may contact a representative of your

assuming institution at your branch office.

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VI. Loan Customers

All mortgages and loans have been assumed by BankUnited. The terms of your loan will not change under

the terms of the loan contract, because they are contractually agreed to in your promissory note with the

failed institution. If you are having your payment deducted from your account, it will continue as it has in

the past. Checks should be made payable as usual and sent to the same address. If you have further

questions regarding an existing loan, please contact your loan officer.

For all questions regarding new loans and the lending policies of BankUnited, please contact your branch

office.

Please see A Borrower’s Guide to an FDIC Insured Bank Failure for additional information.

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VII. Possible Claims Against the Failed Institution

If you or your company provided a service or product, leased space, furniture, or equipment to BankUnited

after Friday May 22, 2009 and have not been paid you do not have a claim against BankUnited. Please

follow your normal billing procedures by providing an invoice as instructed.

Claims against failed financial institutions occur when bills sent to the institution remain unpaid at the time

of failure. If you or your company provided a service or product, leased space, furniture, or equipment to

BankUnited prior to Friday May 22, 2009 and have not been paid you may be entitled to a claim against

the bank. If you provided a product to or a service for BankUnited prior to the bank's failure for which you

have not been paid and you have not received communication, contact:

Federal Deposit Insurance Corporation

Receiver: BankUnited

1601 Bryan Street,

Dallas, TX 75201

Please note: There are time limits for filing a claim, your claim must be filed on or before08/27/2009.

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VIII. Priority of Claims

In accordance with Federal law, allowed claims will be paid, after administrative expenses, in the following

order of priority:

1. Depositors

2. General Unsecured Creditors

3. Subordinated Debt

4. Stockholders

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IX. Dividend Information

No dividends have been declared at this time.

Dividend Information on Failed Financial Institutions

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X. Brokered Deposits

The FDIC offers a reference guide to deposit brokers acting as agents for their investor clientele. This site

outlines the FDIC's policies and procedures that must be followed by deposit brokers when filing for pass-

through insurance coverage on custodial accounts deposited in a failed FDIC Insured Institution.

Deposit Broker Processing Guide

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General Disclaimer


fdic.gov/bank/…/bankunited.html 2



Last Updated 05/20 /2010 [email protected]

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Emergency Demand to Extinguish Fraudulent Action

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