IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT

IN AND FOR COLLIER COUNTY, FLORIDA

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

purported “plaintiff”,

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

JENNIFER FRANKLIN-PRESCOTT, et al.

NOTICE OF LACK OF JURISDICTION
___________________________________________________________________________/

FRAUD ON COURT NOTICE, FLA. R. CIV. P. 1.540

RECORD SEIZURE OF BANKUNITED, FSB’S PROPERTY, NOTES/MORTGAGES

1. The property of bankrupt BankUnited, FSB, was seized. In particular, any and all notes and

mortgages in the name of failed BankUnited, FSB, were seized.

FRAUDULENT & FALSE PRETENSES - MATERIAL MISREPRESENTATION

2. “BankUnited, FSB”, fraudulently pretended:

“9. On February 15, 2006, Franklin Prescott executed and delivered a promissory
note to Bankunited …” “Complaint”, p. 3.

Here on 02/15/2006, BankUnited had not even legally existed.

“16. Plaintiff owns and holds the note and mortgage.” “Complaint”, p. 5.

“6. Said [fictitious] 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.” “Complaint”, p. 3.

Here, bankrupt BankUnited did not hold or own any note and mortgage. Here, any and

all notes and mortgages had been seized by a U.S Agency. Here, there was fraud on the

Court, Fla. R. Civ. P. 1.540.

 CONFIRMED CANCELLATION

3. On 09/02/2010, at 11:20 AM, the Clerk inside Hearing Room 4-1, Naples Courthouse, and

Bailiff D. Chenoweth confirmed the cancellation of the unauthorized “hearing” before

judicial imposter “Tony Perez” and/or Antonio J. Perez-Benitoa.

4. The Court explained that Perez-Benitoa was “under contract with” this Court for “one day

per week”. The Court did not disclose “Tony Perez’ credentials.

5. Franklin Prescott contacted the Florida Bar in this matter.

6. Pursuant to the Magistrate’s Office, Debbie, Supervisor, Melanie [09/02/2010, AM], the

“09/02/2010 hearing” before judicial imposter “Tony Perez” was cancelled.

7. Here, the law required use of the legal name of any judicial officer. “Tony Perez” is not any

legal name.

NOTICE OF UNTIMELY “notice” and “entry”

8. On the day of the unauthorized hearing, 09/02/2010, the “notice of hearing” appeared for

the first time. On 09/01/2010, said “notice” had not appeared on the Docket.

IMPROPER USE OF NON-LEGAL NAME – JUDICIAL IMPOSTER “Tony Perez”

9. NOTICE IS HEREBY GIVEN of Jennifer Franklin Prescott’s cancellation of

unauthorized “09/02/2010 hearing” because there was

a. Non-consent by J. Franklin Prescott;

b. No order of referral to any magistrate;
c. No notice of hearing;
d. No setting party of record;
e. No jurisdiction;
f. No standing.

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 Here, seized and bankrupt BankUnited, FSB, had no standing and could not have possibly

been any party.

10. Pursuant to the Magistrate’s Office, Supervisor Debbie, Rose, 239-252-8870

a. Jennifer Franklin Prescott faxed her filed and recorded NOTICE OF NON-CONSENT
and NOTICE OF OBJECTION to the Magistrate’s Office;
b. Jennifer Franklin Prescott’s MOTION TO DISMISS is not to be heard in the record
absence of any notice of hearing required under the Rules. See Docket of this disposed
Case.
11. NOTICE IS HEREBY GIVEN of Jennifer Franklin Prescott’s service of NOTICE OF

DISPOSITION AND NON-CONSENT upon the magistrate and/or Antonio J. Perez-Benitoa

at:

a. Magistrate’s Office, c/o Supervisor Debbie, Rose

Naples Courthouse
5th Floor
Naples, FL 34112,
T: 252-8331, F: 252-8870 and

b. Antonio J. Perez-Benitoa, P.A.

900 Sixth Avenue South
Suite 303
Naples, Florida 34102
Telephone: 239-430-1884
Fax: 239-30-1885
http://www.tonypblaw.com

12. Jennifer Franklin Prescott, record holder of unencumbered title to the subject property

[address: 25 6th ST North, Naples, Florida 34102] does not consent and objected to any

referral to any magistrate, hearing officer, and/or “special master”, Rule 1.490, Florida

Rules of Civil Procedure.

JENNIFER FRANKLIN PRESCOTT’S OBJECTIONS TO ANY magistrate

13. In particular, J. Franklin Prescott objects and did not consent to any magistrate

a. findings of fact;
b. conclusions of law.

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 MEMORANDUM

“A REFERRAL TO A MAGISTRATE REQUIRES THE CONSENT OF ALL

PARTIES.” JENNIFER FRANKLIN PRESCOTT IS ENTITLED TO HAVE THIS
MATTER HEARD BY A JUDGE AND DOES NOT WANT TO HAVE THIS
MATTER HEARD BY ANY MAGISTRATE. JENNIFER FRANKLIN PRESCOTT
FILE A WRITTEN OBJECTION TO FICTITIOUS referral PRIOR TO
COMMENCEMENT OF THE HEARING.

Here, no hearing can possibly commence.

PUBLICLY RECORDED 08/12/2010 FINAL DISPOSITION

14. On 08/12/2010, Def. Judge Hugh D. Hayes disposed of the fraudulent action.

NO order of referral

15. Here, there were

a. 08/12/2010 Final Disposition;

b. No order of referral;
c. No notice of any hearing;
d. J. Franklin Prescott’s non-consent and objection to any magistrate referral and hearing.

RECORD LACK OF note and mortgage

16. Here, in the recorded absence of any note and/or mortgage, there was

a. No agreement;
b. No debt;
c. No lien;
d. No BankUnited interest.

LACK OF TIMELY NOTICE OF ANY hearing

17. Court staff asserted and published:

“A party/attorney scheduling a hearing must concurrently notice the matter in

conformance with the Florida Rules of Civil Procedure and ensure timely notice is

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 served on all pro se parties and counsel of record in advance of the hearing. The
original notice must be timely filed with the Clerk of Court. The Judges’ and
Magistrates ask that no courtesy copies be sent to their offices on foreclosure cases
only. The setting party/attorney is responsible for preparing and filing the Order of
Referral pursuant to Rule 1.490, Fl. Civil Rules of Court (also can be found at
www.ca.cjis20.org/web/main/magistrates as a reference, no more signed Order of
Referrals from the above website will be accepted). You will be required to submit
your proposed Order of Referral to the appropriate Judge for each hearing in front
of the Magistrate. This will include all hearings for 10, 15 or 30 minutes and
Special Set hearings. (This will also include any Summary/Default Judgment
hearings requesting more than 5 minutes.)”

Here, no notice was served on Jennifer Franklin Prescott. Here, nothing, no matter, and no

hearing were noticed in violation of the Florida Rules of Civil Procedure.

BANKUNITED, FSB’S LACK OF standing

18. Pursuant to § 48.23, Fla. Stat.,

“1. A notice of lis pendens must contain the following:

a. The names of the parties.”

Here, the fraudulent notice of lis pendens “contained” “BankUnited, FSB”. However here,

said BankUnited was not any note/mortgage holder or party. Here, U.S. agents had seized

BankUnited, FSB.

19. Furthermore here, Jennifer Franklin-Prescott was mischaracterized as a “married woman”

and “Walter Prescott” as “her husband”. However here, “Walter Prescott” is not the

“husband” of Jennifer Franklin Prescott. Here, the notice of lis pendens did not contain the

parties’ names.

NO jurisdiction

20. Here, “BankUnited, FSB” was

a. Not any party;

b. Had no interest;
c. Had no standing.

Here, bankrupt BankUnited, FSB, had no standing, and this Court has no jurisdiction.

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 RECORD APPEAL - NO jurisdiction

21. Here after disposition and Jennifer Franklin Prescott’s Notice of Appeal, this Court had no

jurisdiction:

NOTICE OF RELEASE & DISCHARGE OF FRAUDULENT lis pendens, CH. 48, F.S.

22. The fraudulent notice of lis pendens, purported INSTR 4318185, Collier County Records,

has been released and discharged. Here admittedly, no note or mortgage could be

established, Ch. 48, 71, F. S. Purported Plaintiff bankrupt BankUnited failed and was

seized. In the record absence of any note or mortgage, said seized bank’s fraudulent action

and notice were null & void and did not operate as a lis pendens, Ch. 48.

23. Furthermore, a lis pendens is not effectual for any purpose beyond 1 year from the

commencement of the action and expires, § 48.23, Florida Statutes.

24. Here, the pleadings conclusively proved that no action could be founded on any lost and/or

destroyed note and/or instrument. Therefore, the bankrupt and seized bank’s non-

meritorious action not possibly affect the subject property, and the court controlled and

discharged the fraudulent notice of lis pendens, § 48.23, Fla. Stat. The Docket showed the

08/12/2010 Final Disposition by Def. Judge Hugh D. Hayes.

08/12/2010 FINAL DISPOSITION, FLA.R.CIV.P. 1.998

25. Hereby, prevailing Jennifer Franklin Prescott filed the Final Disposition Form pursuant to

Florida Rules of Civil Procedure 1.998, 25.075, Florida Statutes. The Docket evidenced

Judge Hugh D. Hayes’ 08/12/2010 Final Disposition before any hearing.

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26. Here, the Docket and official record alterations were

a. Arbitrary and capricious;

b. Unlawful.

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 CERTIFICATE OF SERVICE AND PUBLICATION

I HEREBY CERTIFY that a true and correct copy of the above has been furnished to the
purported non-plaintiff, James E. Albertelli, Erin Quinn Rose, and Erin Rowland, Albertelli Law,
P.O. Box 23028, Tampa, FL 33623, judicial imposter “Tony Perez”, Magistrate’s Office, Debbie,
Supervisor, Fax: 239-252-8870, and Defendant Judge Hugh D. Hayes, Naples Courthouse, 3301
E. Tamiami Trail, Naples, FL 34112, on this 2nd day of September, 2010.
The pleading is also being published worldwide.

________________________
/s/Jennifer Franklin Prescott, Prevailing Victim of seized BankUnited’s record fraud