IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT

IN AND FOR COLLIER COUNTY, FLORIDA

BANKUNITED,
non-successor in interest to [lawfully seized] BANKUNITED, FSB.,

purported plaintiff(s),

vs.
DISPOSED CASE NO.: 09-6016-CA

JENNIFER FRANKLIN-PRESCOTT, et al.,

purported defendants.

_________________________________________________________________________/

AFFIDAVIT AND/OR DECLARATORY STATEMENT IN DISPOSED ACTION

AS TO LACK OF STANDING OF “BANKUNITED” & ITS FRAUD ON THE COURT

STATE OF FLORIDA

COUNTY OF COLLIER

BEFORE ME, the undersigned authority personally appeared Jennifer Franklin-Prescott, who

upon first being duly sworn on oath, deposes and says:

1. Case # 09-6016-CA was disposed on 08/12/2010 in favor of Jennifer Franklin-Prescott.

2. On 08/12/2010, this Court disposed of COUNTS I, II, and III.

3. “COUNT I (reestablishment of lost instrument)” was facially frivolous, because the “lost

instrument/note” identified bankrupt and defunct “BankUnited, FSB” [rather than

“BankUnited”] as a “lender”.

4. In its facially frivolous and insufficient “complaint for mortgage foreclosure”, “plaintiff”

“BankUnited” wrongfully sued Jennifer Franklin-Prescott in the record absence of any

instrument and/or note identifying “BankUnited”.

1
5. “BankUnited, FSB” was not any “plaintiff” in this disposed action.

6. The electronic docket in this disposed action had erroneously listed “BankUnited, FSB” as a

“plaintiff” in this disposed action.

7. In this disposed action, “Plaintiff” “BankUnited” had deceptively alleged “that all conditions

precedent to the institution of this action have occurred…” (see complaint, ¶ 2, p. 2 of 8,

“General Allegations”).

8. The “subject mortgage referenced” in the wrongful complaint identified “BankUnited, FSB”

rather than the “plaintiff”, i.e., “BankUnited”.

9. The “logo” of bankrupt and lawfully seized “BankUnited, FSB” included a palm tree and

“BANKUNITED”.

10. “Plaintiff BankUnited” had falsely alleged that “The plaintiff [is] named in the attached

complaint [“BankUnited”] is the creditor to whom the debt is owed … The undersigned

attorney represents the interest of the plaintiff.” See “Notice Required by the Debt Collection

Practices Act …” attached to disposed complaint.

11. “Plaintiff BankUnited” was not any “creditor” in the disposed wrongful action.

12. Jennifer Franklin-Prescott did not owe any debt to “plaintiff BankUnited” pursuant to the

evidence on file in this disposed wrongful action.

13. Undersigned “Camner Lipsitz, PA”, and/or founder of bankrupt and defunct “BankUnited,

FSB”, Alfred Camner, Esq., “represented the interest of the plaintiff [BankUnited]”.

14. “BankUnited” had fraudulently alleged in the Complaint (¶ 16, Count II) that “plaintiff”

[“BankUnited”] owns and holds the note and mortgage.”

15. The purported note and/or mortgage within the four corners of the disposed complaint did

not identify “BankUnited” as a “lender”.

2
16. The purported note/mortgage identified “BankUnited, FSB” as a “lender”.

17. No admissible evidence of any obligation to pay money to “BankUnited” existed on the

record of this disposed wrongful action, and Jennifer Franklin-Prescott was not obligated to

make any payment to “BankUnited”.

18. “Plaintiff BankUnited’s” purported “01/12/2011 Affidavits as to amounts due and attorneys

fees” were fraudulent and not founded on any note and/or mortgage identifying

“BankUnited” as a “lender”.

19. An affidavit that is not executed in accordance with the requirements of Ch. 92, Florida

Statutes, is not competent evidence in a civil case.

20. The alleged promissory note was never properly executed.

21. “BankUnited” has had no right to enforce the falsely pretended mortgage/note.

22. “BankUnited” never satisfied the required conditions precedent.

23. “BankUnited” had no standing.

24. “BankUnited” failed to state any cause of action.

25. “BankUnited” could not have possibly been entitled to any summary disposition and/or

hearing in this disposed action.

26. “Pedro Luis Licourt” is not any known party to the disposed action, Case # 09-6016-CA

27. The purported “Amended Motion for Summary Judgment and for Attorney Fees against

Pedro Luis Licourt” was erroneous, irrational, and irrelevant to said disposed action.

28. Said action was disposed, because here no note and/or mortgage had been “transferred”” to

“BankUnited”.

3
29. The record and/or docket of this disposed action conclusively evidenced the “genuine issues

of material fact”, which prohibited any summary disposition after the 08/12/2011

disposition.

30. The “02/08/2011 “Amended Mtoin for Summary Judgment and for Attorney Fees against

Pedro Luis Lizourt” was erroneous, irrational, and irrelevant to said disposed action.

31. There was no service of notice of 02/14/2011 hearing upon Jennifer Franklin-Prescott nor

any “02/14/2011 hearing”.

32. There was no service of notice of 02/22/2011 hearing upon Franklin-Prescott, and the

“amended hearing on 02/14/2010” did not take place.

33. In this disposed action, the purported “Defendant’s motion to dismiss/motion to enjoin” was

moot and irrational.

34. Jennifer Franklin-Prescott was never properly served either by personal service of process or

by any other service of process in strict compliance with Chapters 48 and 49, Florida

Statutes.

35. “BankUnited” failed to conduct a diligent search in strict compliance with the Florida

statutes governing service of process.

36. The record established that the falsely alleged service by publication was void.

37. Florida’s Statutes governing service of process are to be strictly construed to assure that

defendants have the opportunity to protect their rights.

38. Any judgment against a defendant based upon improper service by publication would have

lacked authority of law.

4
2/18/2011 Public Inquiry

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Case Information Printer Friendly Version

Style: BANKUNITED vs FRANKLIN-PR ESC O TT, JENNIFER

Uniform Case Number: 112009C A0060160001XX Filed: 07/09/2009
Clerks Case Number: 0906016C A
Court Type: C IR C UIT CIVIL Disposition Judge: HAYES, HUGH D
Case Type: MO R TGAGE FO R ECLO SUR ES Disposed: 08/12/2010
Judge: HAYES, HUGH D Reopen Reason:
Case Status: DISPO SED Reopened:
Next Court Date: Reopen Close:
Last Docket Date: 02/09/2011 A ppealed:

Parties Dockets Events Financials

6 of 6 page s. Entrie s pe r page : 20

Date Text All Entries

12/06/2010 NO APPEAR ANC E BY THE PARTIES
12/06/2010 MINUTES - HEAR ING SEE SC HEDULE MINUTES FO R DETAILS
12/07/2010 NO TIC E O F C ANC ELLATIO N 12/06/10 @ 3:00 MO TIO N FO R SUMMARY JUDGMENT
12/08/2010 O BJEC TIO N TO HEAR ING BY JENNIFER FR ANKLIN PR ESC O TT
12/08/2010 O BJEC TIO N TO
STATUS O F DISPO SITIO N JUDGE & R EC USAL MO TIO N BY JENNIFER FR ANKLIN
PR ESC O TT
12/17/2010 NO TIC E O F FR AUD & LO SS BY JENNIFER FR ANKLIN-PR ESCO TT
12/17/2010 MO TIO N
TO C ANC EL UNAUTHO R IZED HEAR ING IN DISP O SED AC TIO N BY JENNIFER FR ANKLIN
PR ESC O
12/20/2010 O BJEC TIO N TO
(EMER GENC Y) TO PUR PO R TED NO TE IN DISPO SED AC TIO N & UNNO TIC ED &
UNAUTHO R IZED HEAR ING IN FR AUD O N C O UR T C ASE BASED O N DEFENDANT ET AL
12/22/2010 NO TIC E O F FILING O R IGINAL LO AN MO DIFIC ATIO N AGR EEMENT
01/04/2011 O BJEC TIO N TO FR AUD O N THE C O UR T BY JENNIFER FR ANKLIN-PR ESC O TT
01/12/2011 NO TIC E O F DR O PPING PAR TY JO HN DO E/JANE DO E
01/12/2011 MO TIO N FO R SUMMAR Y JUDGMENT
01/12/2011 AFFIDAVIT AS TO AMO UNTS DUE
01/12/2011 AFFIDAVIT AS TO ATTO R NEYS FEES
02/01/2011 C O PY

(FAX) NO TIC E O F O PPO SITIO N & O PPO SITIO N EVIDENC E/FR AUD EVIDENC E &
UNAVAILABILITY IN DISPO SED AC TIO N/NO TIFIC ATIO N O F C O URT & C LER K ET AL
02/07/2011 NO TIC E
O F FR AUDULENT AFFIDAVITS BY JASO N M TAR O KH ESQ & O F UNLAW FUL/
UNAUTHO R IZED AC T BY ALBER TELLI LAW (UNSIGNED)
02/08/2011 NO TIC E O F HEARING
02/22/11 @10:00A.M., DEFENDANT'S MO TIO N TO DISMISS/MO TIO N TO ENJO IN
02/08/2011 AMENDED NO TIC E O F HEAR ING
02/14/11 @3:30P M AMENDED MO TIO NFO R SUMMAR Y JUDGMENT AND FO R
apps.collierclerk.com/…/Case.aspx?UC… 1/2
2/18/2011 Public Inquiry
02/14/11 @3:30P.M. AMENDED MO TIO NFO R SUMMAR Y JUDGMENT AND FO R
ATTO R NEY FEES AGAINST PEDR O LUIS LIC O UR T
02/08/2011 AMENDED
MTO IN FO R SUMMAR Y JUDGMENT AND FO R ATTO R NEY FEES AGAINST P EDR O LUIS
LIC O UR T
02/09/2011 DEMAND
O F FO R ENSIC R EVIEW & AUDIT AND NO TIC E O F FR AUDULENT AND/O R INAC C UR ATE
AC C O UNTING IN DISPO SED AC TIO N

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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This we bsite is m aintaine d by The C ollie r C ounty C le rk of the C ircuit C ourt. Unde r Flo rida law, e m ail
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2/18/2011 Public Inquiry

Find it here... Site Search

Home / Records Search / Court Records / Public Inquiry / Search Results - A LL / C ase - 112009C A0060160001XX

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Case Information Printer Friendly Version

Style: BANKUNITED vs FRANKLIN-PR ESC O TT, JENNIFER

Uniform Case Number: 112009C A0060160001XX Filed: 07/09/2009
Clerks Case Number: 0906016C A
Court Type: C IR C UIT CIVIL Disposition Judge: HAYES, HUGH D
Case Type: MO R TGAGE FO R ECLO SUR ES Disposed: 08/12/2010
Judge: HAYES, HUGH D Reopen Reason:
Case Status: DISPO SED Reopened:
Next Court Date: Reopen Close:
Last Docket Date: 02/09/2011 A ppealed:

Parties Dockets Events Financials

Docket Type Judge Court Date Court Time

MO TIO N HEAR ING HAYES, HUGH D 12/06/2010 13:30
MO TIO N HEAR ING PER EZ-BENITO A, MAGISTR ATE 09/02/2010 11:30

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.

Home | Site Map | Search | Disclaimer | Privacy Statement | FA Qs | Contact Us

This we bsite is m aintaine d by The C ollie r C ounty C le rk of the C ircuit C ourt. Unde r Flo rida law, e m ail
addre sse s are public re co rds. If you do not want your e m a il addre ss re le ase d in re sponse to a public
re cords re que st, do not se nd e m ail to this e ntity. Inste ad, co ntact this office by phone or in writing.

apps.collierclerk.com/…/Case.aspx?UC… 1/1