Docket Alterations
Docket Alterations
BANKUNITED,
as [purported] successor in interest to [SEIZED] BANKUNITED, FSB.,
Plaintiff,
FALSIFICATIONS APPARENT
1. Jennifer Franklin Prescott reports Case File demand and/or review in the Clerk of Court’s
Office on August 12, 13, and 16, 2010. While the electronic Docket showed
a. “disposition”;
b. “complaint”; and
c. “summons”,
2. On Monday August 16, 2010, AM, Jennifer Franklin Prescott demanded to see evidence of:
a. “disposition”;
b. “complaint”; and
3. The Clerk of Court asserted that the Case File was not available and in the Office of
4. Defendant Hayes’ Judicial Assistant, Jan, stated to Jennifer Franklin Prescott that
a. NO “disposition”;
b. NO “complaint”; and
c. NO “summons”
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
judgment in favor of seized 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 served and does not submit to any jurisdiction, moves this
Court to declare the purported action fraudulent and a fraud on the Court, and enter
6. Jennifer Franklin Prescott holds unencumbered record title to the subject protected
PURPORTED “DISPOSITION”
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
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”
Pursuant to Rule 1.190, Fla.R.Civ.P., the Court had never granted any leave.
11. 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. See s. 673.3011,
F.S. Here, BankUnited was not any proper party to file suit to foreclose a fictitious un-
12. Under Florida law delivery is necessary to validate a negotiable instrument. A lost and/or
13. Here, the lost and/or destroyed note or mortgage could not have possibly been reestablished
NO note – NO default
15. 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.
4
16. 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.” In this Case, Bankunited could not have
CAMNER KNEW THAT reestablishment WAS IMPOSSIBLE, CH. 71, FLA. STAT.
17. In particular, Founder and Attorney Alfred Camner and his law firm knew that Bankunited
could not have possibly reestablished any lost or destroyed note or mortgage.
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 Treasury’s Office of Inspector
General (OIG) was critical of the bank’s management and Attorney and Founder Alfred
20. 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.
21. Here, there was neither any instrument nor any lien. No property was described.
22. 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 plaintiff bankrupt bank.
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NO rights and NO standing
23. Here, Bankunited, just like Bankunited, FSB, had no rights and no standing.
24. 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.
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 manner of the loss or destruction is unknown.” See Ch. 71,
Fla. Stat.
26. Here, Jennifer Franklin’s record title was free and clear.
28. 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.
30. Jennifer Franklin Prescott is not any defendant and was not served.
1. An Order declaring the purported action fraudulent and a fraud on the Court;
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5. An Order declaring the admitted lack of any record of any note or mortgage;
8. An Order declaring the action without any merit under existing law;
10. An Order for sanctions and expenses against said seized and bankrupt bank and its
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
________________________
/s/Jennifer Franklin Prescott
Victim of bankrupt Bankunited’s record fraud
Victim of seized Bankunited founder Alfred Camner’s record fraud on this Court
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8/14/2010 Public Inquiry
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06/15/2010 C O RR ESPO NDENCE FR O M C O UNSEL TO GULF C O AST BUSINESS R EVIEW
06/17/2010 LETTER TO GULF C O AST BUSINESS R EVIEW
06/17/2010 NO TIC E O F AC TIO N
TO W ALTER PR ESC O TT/JENNIFER FRANKLIN-PR ESC O TT & ANY AND ALL UNKNO W N
PAR TIES C LAIMING
06/17/2010 AFFIDAVIT O F MAILING MAILED 6/18/10
06/18/2010 C O NFIR MATIO N O F EMAIL R EC EIVED BY GULF C O AST BUSINESS R EVIEW
07/07/2010 AFFIDAVIT O F PUBLIC ATIO N
NO TIC E O F AC TIO N TO W ALTER PR ESC O TT/JENNIFER FR ANKLIN-PR ESC O TT/ANSW ER
W ITHIN 30 DAYS O F FIRST PUBLIC ATIO N 6/25/10
07/09/2010 MO TIO N TO DISMISS BY JENNIFER FR ANKLIN P RESC O TT
07/22/2010 NO TIC E O F SER VIC E MO TIO N TO DISMISS
07/22/2010 MO TIO N TO DISMISS BY JENNIFER FR ANKLIN P RESC O TT /PR O SE
07/22/2010 MO TIO N TO ENJO IN / BY JENNIFER FR ANKLIN-PR ESC O TT -P RO SE
07/22/2010 NO TIC E O F SER VIC E
O F PUBLISHED NO TIC E O F R EC O R D & MO TIO N TO DISMISS
BY DEFENDANT
07/23/2010 MO TIO N FO R C LAR IFIC ATIO N O F C O UNSEL
07/23/2010 MO TIO N TO DISMISS
07/23/2010 MO TIO N TO C LAR IFY ALLEGED PLAINTIFFS PUBLISHED NO TIC E O F R EC O R D FR AUD
08/10/2010 C O MPLAINT
08/12/2010 MO TIO N TO DISMISS PR O SE JENNIFER FR ANKLIN P RESC O TT
08/12/2010 BANKR UPTC Y BANKUNITED
08/12/2010 C A48/R EAL PR O PER TY MO R TGAGE FO R EC LO SUR E (PR E 2010) (DISPO SITIO N)
08/12/2010 SUMMO NS ISSUED ELSA JAR ER O / PUT IN SO UTH FLO R IDA PR O C ESS BIN
W e dne sday night is re gular m a inte nance tim e on our se rve rs; as a re sult brie f o utage s m ay o ccur.
W e apologize in advance for any inconve nie nce.
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8/13/2010 Public Inquiry
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W e dne sday night is re gular m a inte nance tim e on our se rve rs; as a re sult brie f o utage s m ay o ccur.
W e apologize in advance for any inconve nie nce.
apps.collierclerk.com/…/Case.aspx?UC… 1/2
8/13/2010 Public Inquiry
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8/17/2010 Public Inquiry
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W e dne sday night is re gular m a inte nance tim e on our se rve rs; as a re sult brie f o utage s m ay o ccur.
W e apolo gize in advance for any inconve nie nce .
apps.collierclerk.com/…/Case.aspx?UC… 1/2
8/17/2010 p g
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