incident report - apparent falsifications

8/9/2019 Incident Report - Apparent Falsifications

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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

___________________________________________________________________/

INCIDENT REPORT

APPARENT FALSIFICATIONS NOTICE

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;


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b. complaint; and

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


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judgmentin favor ofseized and bankrupt Bankunited. See UCC, Article 3. Here, the Court

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: 673.3011, FLA. STAT.

F.D.I.C. FAILED BANK INFORMATION


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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

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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


08/12/2010 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

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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.




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Court Type: CIRCUIT CIVIL Disposition Judge:

Case Type: MORTGAGE FOR ECLOSURES Disposed:


Case Status: OPEN Reopened:Next Court Date: Reopen Close:


Parties

Dockets

Events

Financials




06/15/2010 CORRESPONDENCE FROM C OUNSEL TO GULF COAST BUSINESS REVIEW


06/17/2010 NOTICE OF ACTIONTO WALTER P RESCOTT/JENNIFER FR ANKLIN-PRESCOTT & ANY AND ALL UNKNOWNPARTIES CLAIMING


06/18/2010 CONFIRMATION OF EMAIL RECEIVED BY GULF COAST BUSINESS REVIEW



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 MOTIO N TO CLARIFY ALLEGED PLAINTIFFS PUBLISHED NOTICE OF RECORD FRAUD


08/12/2010 SUMMONS ISSUED ELSA JARERO/ PUT IN SOUTH FLORIDA PROCESS BIN



This website is ma intained by The Collier County Clerk of the Circuit Court. Under Florida law, em ail

Find it here...

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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.




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Court Type: CIRCUIT CIVIL Disposition Judge: HAYES, HUGH D

Case Type: MORTGAGE FOR ECLOSURES Disposed: 08/12/2010


Case Status: DISPOSED Reopened:Next Court Date: Reopen Close:


Parties

Dockets

Events

Financials



06/15/2010 AFFIDAVIT OF DILIGENT SEARCH AS TO WALTER PRESCOTT


06/15/2010 CORRESPONDENCE FROM C OUNSEL TO GULF COAST BUSINESS REVIEW


06/17/2010 NOTICE OF ACTIONTO WALTER P RESCOTT/JENNIFER FR ANKLIN-PRESCOTT & ANY AND ALL UNKNOWNPARTIES CLAIMING


06/18/2010 CONFIRMATION OF EMAIL RECEIVED BY GULF COAST BUSINESS REVIEW



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 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)


Find it here...

Site Search




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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.


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