Docket & Affidavit in Disposed Case No. 09-6016-CA

8/7/2019 Docket & Affidavit in Disposed Case No. 09-6016-CA

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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 ”.





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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 ”.



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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.







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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 FOR ECLOSURES Disposed: 08/12/2010

Judge: HAYES, HUGH D Reopen Reason:

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

Last Docket Date: 02/09/2011 Appealed:

Parties

Dockets

Events

Financials

6 of 6 pages. Entries per page: 20

Date Text All Entries

12/06/2010 NO APPEARANCE BY THE PARTIES

12/06/2010 MINUTES - HEARING SEE SCHEDULE MINUTES FOR DETAILS

12/07/2010 NOTIC E OF CANCELLATION 12/06/10 @ 3:00 MOTION FOR SUMMARY JUDGMENT

12/08/2010 OBJECTION TO HEARING BY JENNIFER FRANKLIN PRESCOTT

12/08/2010 OBJECTION TOSTATUS OF DISPOSITION JUDGE & RECUSAL MOTION BY JENNIFER FRANKLINPRESCOTT

12/17/2010 NOTIC E OF FRAUD & LOSS BY JENNIFER FRANKLIN-PRESCOTT

12/17/2010 MOTIONTO CANCEL UNAUTHORIZED HEARING IN DISPOSED ACTION BY JENNIFER FRANKLINPRESCO

12/20/2010 OBJECTION TO(EMERGENCY) TO PURPORTED NOTE IN DISPOSED ACTION & UNNOTICED & UNAUTHORIZED HEARING IN FRAUD ON COUR T C ASE BASED ON DEFENDANT ET AL

12/22/2010 NOTIC E OF FILING ORIGINAL LOAN MODIFICATION AGREEMENT

01/04/2011 OBJECTION TO FRAUD ON THE COURT BY JENNIFER FRANKLIN-PRESCOTT

01/12/2011 NOTIC E OF DROPP ING PARTY JOHN DOE/JANE DOE

01/12/2011 MOTION FOR SUMMARY JUDGMENT

01/12/2011 AFFIDAVIT AS TO AMOUNTS DUE

01/12/2011 AFFIDAVIT AS TO ATTORNEYS FEES

02/01/2011 COPY

(FAX) NOTICE OF OPPOSITION & OPPOSITION EVIDENCE/FRAUD EVIDENCE & UNAVAILABILITY IN DISPOSED ACTION/NOTIFICATION OF COURT & CLERK ET AL

02/07/2011 NOTICEOF FRAUDULENT AFFIDAVITS BY JASON M TAROKH ESQ & OF UNLAWFUL/UNAUTHORIZED ACT BY ALBERTELLI LAW (UNSIGNED)

02/08/2011 NOTICE OF HEARING02/22/11 @10:00A.M., DEFENDANT'S MOTION TO DISMISS/MOTION TO ENJOIN

02/08/2011 AMENDED NOTIC E OF HEARING

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2/18/2011 Public Inquiry

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. .ATTORNEY FEES AGAINST PEDRO LUIS LICOURT

02/08/2011 AMENDEDMTOIN FOR SUMMARY JUDGMENT AND FOR ATTORNEY FEES AGAINST PEDRO LUISLICOURT

02/09/2011 DEMANDOF FORENSIC REVIEW & AUDIT AND NOTICE OF FRAUDULENT AND/OR INACCURATEACCOUNTING IN DISPOSED ACTION

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Home / Records Search / Court Records / Public Inquiry / Search Results - ALL / Case - 112009CA0060160001XX

New Search Return 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: 02/09/2011 Appealed:

Parties

Dockets

Events

Financials

Docket Type Judge Court Date Court Time

MOTION HEARING HAYES, HUGH D 12/06/2010 13:30

MOTION HEARING PEREZ-BENITOA, MAGISTRATE 09/02/2010 11:30

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 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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Docket & Affidavit in Disposed Case No. 09-6016-CA