Download - 673.3091, F.S
-
8/7/2019 673.3091, F.S.
1/16
Select Year: 2010 Go
The 2010 Florida Statutes
Title XXXIX
COMMERCIAL
RELATIONS
Chapter 673UNIFORM COMMERCIAL CODE: NEGOTIABLE
INSTRUMENTS
View Entire
Chapter
673.3091 Enforcement of lost, destroyed, or stolen instrument.
(1) A person not in possession of an instrument is entitled to enforce the instrument if:
(a) The person seeking to enforce the instrument was entitled to enforce the instrument when loss of
possession occurred, or has directly or indirectly acquired ownership of the instrument from a person who was
entitled to enforce the instrument when loss of possession occurred;
(b) The loss of possess ion was not the result of a transfer by the person or a lawful seizure; and(c) The person cannot reasonably obtain possession of the instrument because the instrument was
destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or
a person that cannot be found or is not amenable to service of process.
(2) A person seeking enforcement of an instrument under subsection (1) must prove the terms of the
instrument and the persons right to enforce the instrument. If that proof is made, s. 673.3081 applies to the
case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in
favor of the person seeking enforcement unless it finds that the person required to pay the instrument is
adequately protected against loss that might occur by reason of a claim by another person to enforce the
instrument. Adequate protection may be provided by any reasonable means.
History.s. 2, ch. 92-82; s. 1, ch. 2004-3.
Copyright 1995-2011 The Florida Legislature Privacy Statement Contact Us
2/12/2011 Statutes & Constitution :View Statutes
www.leg.state.fl.us/statutes/index.cfm 1/1
-
8/7/2019 673.3091, F.S.
2/16
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
BANKUNITED,
non-successor in interestto [lawfully seized] BANKUNITED, FSB.,
purportedplaintiff(s),
vs.
DISPOSED CASE NO.: 09-6016-CA
JENNIFER FRANKLIN-PRESCOTT, et al.,purported defendants.
___________________________________________________________________/
NOTICE OF OBJECTION TO ANYHEARING&MAGISTRATEIN DISPOSED CASE
AND OF NON-CONSENT
NOTICE OF FRANKLIN-PRESCOTTS OBJECTION & NON-CONSENT
1. Jennifer Franklin-Prescott objects to any hearingand/or any magistrate in this disposed
action. Here, no hearingwas authorizedand/orlawfuland the notice a sham.
RECORD DISPOSITION
2. This action had been disposed on 08/12/2010.
ERRONEOUS NOTICE IN DISPOSED ACTION
3. On 02/12/2011, the Docket showed a notice of hearing which was amended. Here, the
notice did notpertain to Jennifer Franklin-Prescott and/or the disposed action but to Pedro
Luis Licourt, who is not any known party.
UNLAWFUL/UNAUTHORIZEDHEARINGIN DISPOSED ACTION
-
8/7/2019 673.3091, F.S.
3/16
2
4. Here, the erroneously alleged amended mtoin for summary judgment does not pertain to
this disposed action. Any hearing and/or any motion for summary disposition would be
improper, unauthorized, and/or unlawful.
NO FEBRUARYHEARINGAPPEARED ON THE DOCKET
5. Here, the 02/12/2011 Docket did not show any hearingand/orhearing date:
NO CONSENT& OBJECTION TO ANY MAGISTRATE (HEARING)
6. Previously and repeatedly, Franklin-Prescott had objected to any magistrate hearing.
Because of the record lack of any consent, a previous hearing had been cancelled in this
disposed action.
7. The record lackofconsentwas erroneously entered as non-contest:
VAGUE & AMBIGUOUS SHAM NOTICE
8. Here, the notice was vague, ambiguous, and unintelligent. A pleading is considered a sham
when it is inherently false and based on plain orconceded facts clearly known to be false
at the time the pleading was made. See Decker v. County of Volusia, 698 So. 2d 650, 651
-
8/7/2019 673.3091, F.S.
4/16
3
(Fla. 5th
DCA 1997); Destiny Constr. Co. v. Martin K. Eby Constr., 662 So. 2d 388, 390 (Fla.
5th
DCA 1995).
RECORD ABSENCE OFNOTEAND CONDITIONS PRECEDENT
9. Here, no genuine properly executed note had existed. Copies of a null and void
note/mortgage and/or hearsay were not admissible under the Code of Evidence. Here, there
were no witnesses and no notary had acknowledgedany authentic note/mortgage.
NON-BINDINGMODIFICATION AGREEMENT
10. BankUnited, FSB, and/or BankUnited knew and/or concealed that
8. The Modification will be legally binding upon the parties, only when it is signed
by Note Holder and each Borrower.11. Here, Walter Prescott did not sign the purported Loan Modification Agreement. See
12/21/2010 Notice of Filing of Original Loan Modification Agreement in disposed
(08/12/2010) action. Because here the alleged 09/05/2007 Modification Agreement was
notsigned by each Borrowerand/or Walter Prescott, it was not legally binding.
FAILURE TOPROVE TERMS
12. A person seeking enforcementof an instrument under UCC 3-309(a) mustprove the terms
of the instrument and the persons right to enforce the instrument. See UCC 3-309(b). Here,
plaintifffailed toprove any terms.
RECORD ABSENCE OFEXECUTION
13. Here, the alleged February 2006 note, mortgage, and/orsecurity instrumentdid not and could
not have possibly encumberedFranklin-Prescotts real property, because they were not
properly executed.
NOPROOFON FILE IN DISPOSED ACTION
14. Here, Franklin-Prescott had denied the authenticity ofsignatures on the purported note
and/ormortgage alluded to in this disposed case and demanded strictproofthereof, by clear
and convincing evidence, pursuant to 673.3081, Fla. Stat. (2008). See Adjustable Rate
Note, page 4 of 4, in 12/01/2010 and/or 11/01/2010 Notice of Filing of Original Note &
Original Mortgage.
15. Here in particular, there were, e.g., no notarial acknowledgment and no signature by
purported borrower Walter Prescott.
-
8/7/2019 673.3091, F.S.
5/16
4
16. The complaint and above Notice(s) of Filing established the purported note as null and
void. Furthermore, the non-genuine copies (prima facie hearsay) in the complaint and
Notices of Filing fatally conflicted.
PARTIES TO ALLEGED NOTE WERE CONFLICTING AND AMBIGUOUS
17. In this disposed action, the purported plaintiff did not assertany valid note and mortgage
assignment status in the complaint. A security could notpossibly follow a non-existent note.
18. Here, there was no assignee of any note. Here, no promissory note and no note assignment
were recorded. See Collier County Public Records. However, assignments must be recorded
to be valid against creditors and subsequent purchasers. 701.02, Fla. Stat. (2010). See also,
Glynn v. First Union Natl. Bank, 912 So. 2d 357, 358 (Fla. 4th
DCA 2005).
19. In this disposed action, the namedpartiesplaintiffs, and/orborrowers were conflicting and
ambiguous:
NO TRANSFER OF ALLEGEDINSTRUMENT
20. An instrument istransferred
when it isdelivered
by a person other than its issuer for thepurpose of giving to the person receiving delivery the right to enforce the instrument. See
UCC 3-203(a). If a transferor purports to transfer less than the entire instrument,
negotiation of the instrument does not occur. The transferee obtains no rights under this
Article and has only the rights of a partial assignee. See UCC 3-203(d). Here, the destroyed
and/or lost instrument could not have possibly been delivered and/or transferred, and the
case was disposed on 08/12/2010.
AUTOMATICALLY DISSOLVED LIS PENDENS
21. Here, the improper and unauthorized lis pendens was automatically dissolved upon the
disposition of foreclosure. See Rule 1.420(f), Fla. R. Civ. P. (2010). The validity of a notice
oflis pendens is one year from filing. 48.23(2), Fla. Stat. (2010).
22. In this disposed action, the purported plaintiff sought to re-establish the missingnote in
COUNT I (Reestablishment of Lost Instruments) of the complaint (see p. 2 of 8). Franklin-
-
8/7/2019 673.3091, F.S.
6/16
5
Prescott had filed her answer(s) and motions to dismiss and proven plaintiffs lack of
standing, which was one of the ultimate affirmative defenses. Here, the record reflected
thatplaintiffcould notpossiblyre-establish the note and that no authentic note couldpossibly
beproven under the Evidence Code.
FRAUD ON THE COURT & RECORD EVDENCE THEREOF
23. Here however, plaintiff(s), BankUnited and BankUnited, FSB, fraudulently asserted:
that all conditions to the institutions of this action have occurred, been performed or
excused
24. Prior to the 08/12/2010 disposition, plaintiff had failed to re-establish and could not have
possiblyre-established the destroyed and/orlostnote/mortgage. Here, the time and manner
of the loss/destruction had been uinknown. See UCC 3-309; 3-305.
02/12/11 DOCKET SHOWED FRAUD EVIDENCE &DEMAND IN DISPOSED ACTION
PREVIOUS NOTICE OF UNAVAILABILITY IN DISPOSED ACTION
25. Prescott who is in the Pacific had given her notice of unavailability. In this disposed action,
Prescott could not possibly be expected to appear under said entirely unreasonable
circumstances on such unintelligent, irrelevant, unauthorized, and short notice.
UNAUTHORIZED ATTORNEYS
26. Rose, Erin M. was the only attorney authorized in this disposed action.
Here unlawfully, various unknown attorneys appeared without any authority and falsely
pretended a hearing.
RECORD FRAUD ON THE COURT
27. This court knows about the fraud on the Court perpetrated by BankUnited & Albertelli Law:
-
8/7/2019 673.3091, F.S.
7/16
6
In this disposed action, any hearingand/or motion for summary disposition were unauthorized
and improper.
BANKUNITED HAD NO VALIDSECURITY INTEREST
28. In Florida, a security interest in a mortgage and/or the assignment of a mortgage must be
recorded in order to perfect the security interest in the mortgage. Here, no valid BankUnited
security interestexisted.
DEMAND OFLIS PENDENSBOND
29. Florida Statutes, section 48.23, governs the use of a lis pendens, and treats a lis pendens as
one of two types. Here, the purported invalid lis pendens was not founded on a duly recorded
instrument. Here, the purported promissory note was destroyed, lost, and/or transferred.
See Complaint. Furthermore here, there was the lawful seizure of bankrupt BankUnited
and/or an alleged transfer/sale. Here, the missing note/mortgage could not have possiblybeen reestablishedand/orenforced. 48.23(3), Fla. Stat. (1993) authorizes the trial court to
"control and discharge the notice of lis pendens as the court may grant and dissolve
injunctions." Here, Prescott appears to be entitled to a lis pendens bond.
30. Here, Prescott showed that the bond is necessary to protect her from irreparable harm after
the disposition. Here, the lis pendens was not based on a recorded genuine instrument. See
Feinstein v. Dolene, Inc., 455 So.2d 1126, 1128 (Fla. 4th DCA 1984).
31. Here, the note was missing and the lis pendens was unjustified. See Florida Communities
Hutchinson Island v. Arabia, 452 So.2d 1131, 1132 (Fla. 4th DCA 1984). Here, the null and
void lis pendens placed a cloud on the title that did not exist. See Andre Pirio Assocs. v.
Parkmount Properties, Inc., N.V., 453 So.2d 1184, 1186 (Fla. 2d DCA 1984).
32. In this disposed action, the bond is simply mandatory. See Porter Homes, Inc. v. Soda, 540
So.2d 195, 196 (Fla. 2d DCA 1989)(where a lis pendens is not founded upon a lawsuit
-
8/7/2019 673.3091, F.S.
8/16
7
involving a recorded instrument, section 48.23(3) "requires the posting of a bond."). See
Machado v. Foreign Trade, Inc., 537 So.2d 607, 607 n.1 (Fla. 3d DCA 1988); Munilla v.
Espinosa, 533 So.2d 895 (Fla. 3d DCA 1988).
CONTESTEDSIGNATUREON PURPORTEDNOTE
33. Here, the signature on the purported note was contested and not authentic. There was no
notarialacknowledgment. See evidence on file.
ALL PLEADINGS WERE SIGNED
34. Here, all of Franklin-Prescotts pleadings were signed (/s/ Jennifer Franklin-Prescott).
NOTICE OF INTERLOCUTORY APPEAL FROMHEARINGIN DISPOSED ACTION
35. Here, more than one hearingappeared on the Docket after said 08/12/2010 disposition and
Franklin-Prescott appeals from the unauthorized scheduling of hearings in this disposed
action.
AFFIRMATIVE DEFENSES PRIOR TO DISPOSITION
FIRST AFFIRMATIVE DEFENSE: FAILURE TO PRODUCE ORIGINAL NOTE
36. A person seeking enforcement of a lost, destroyed or stolen instrument must first prove
entitlementto enforce the instrument WHEN the loss of possession occurred, or has directly
or indirectly acquired ownership of the instrument from a person who was entitled to enforce
the instrument when loss of possession occurred. Further, he must prove the loss of
possession was not the result of a transfer by the person or a lawful seizure; and the person
cannot reasonably obtain possession of the instrument because the instrument was destroyed,
its whereabouts cannot be determined, or it is in the wrongful possession of an unknown
person or a person that cannot be found or is not amenable to service of process. 673.3091
Fla. Stat. (2009).
37. Here, Franklin-Prescott had denied the purported plaintiff has ever had possession of the
alleged note and/ormortgage. Plaintiffcould not establish foundation to show possession of
the note WHEN the loss of possession occurred. Plaintiff could not establish that plaintiff
lost possession of the note after it was transferred to the Plaintiff and that it could not
reasonably obtain possession thereof. Absent such proof in this disposed action, plaintiff
had been required by Florida Law to provide the original note and mortgage. Having failed
to provide the original note and mortgage at the time of filing, Plaintiff could notsue and/or
maintain this disposed action.
-
8/7/2019 673.3091, F.S.
9/16
8
38. Here, the Plaintiff could not prove the terms of the instrument and theplaintiff banks right to
enforce the alleged instrument. The court may not enter judgment in favor of the person
seeking enforcement unless it finds that the person required to pay the instrument is
adequately protected against loss that might occur by reason of a claim by another person to
enforce the instrument. Fla. Stat. 673.3091(2). In this disposed action, Franklin-Prescott
specifically had been denying all necessary terms of the note are provided in the attached
mortgage/note. Clearly, since the note is missing, necessary endorsements on the note are
missing; as such, essential terms and conditions precedent were not provided by theplaintiff.
UNCLEAN HANDS DEFENSE
39. Prescott had asserted and proven (another affirmative defense) that the plaintiff(s) had failed
to follow Florida law of negotiable instruments and including, e.g., obtaining necessary
signatures, acknowledgments, recordations, assignments, and/or endorsements on the
purported non-authentic promissory note and mortgage deceptively submitted to this Court
as alleged debtevidence. As such, theplaintiffcame to this court with unclean hands.
WHEREFORE Jennifer Franklin-Prescott respectfully demands
1. An Orderdetermining that the invalid lis pendens was not founded upon a duly recorded
authentic instrument therefore requiring a bond to prevent further irreparable harm following
the 08/12/2010 disposition;
2. An Orderdeclaring the purported plaintiff in this disposed action without any authority tosue,foreclose, and/ordemandanypaymentfrom Jennifer Franklin Prescott;
3. An Orderdeclaring any hearingunauthorized in this disposed action;
4. An Order declaring the prima facie sham motion and affidavits unlawful in this
previously disputed and disposed action;
5. An Orderdeclaring the purported note and/ormortgage unenforceable;
6. An Ordertaking judicial notice of the prima facie unenforceability of the unrecorded, un-
assignable, and unpaid mortgage (unpaid mortgage taxes);
7. An Orderdeclaring the purported plaintiff to be in violation of Fed.R.Civ.P. 1.510 in this
disposed and previously controverted action;
8. An Orderdeclaring the purported 2009 lis pendens invalid on its face and taking judicial
notice of the nullity of the lis pendens and unenforceable mortgage and/ornote;
-
8/7/2019 673.3091, F.S.
10/16
9
9. An Orderdeclaring said affidavits hearsay and lacking any legal and/or factual basis in
the absence of any authentic note and/ormortgage;
10. An Ordertaking judicial notice of the lack of anygenuine note, plaintiffs proven fraud
on the Court, opposition, opposition evidence, and case law as to this disposed case;
11. An Orderprohibiting Counsel and/or Jason M. Tharokh, Esq., who did not file any notice
from appearingin this disposed action.
Respectfully,
/s/Jennifer Franklin-Prescott, BankUnited foreclosure fraud victim
ATTACHMENTS
Docket, et al.
CERTIFICATE OF SERVICEI hereby certify that a true and correct copy of this NOTICE IN DISPOSED ACTION has been
delivered to BankUnited, Albertelli Law, P.O. Box 23028, Tampa, FL 33623, USA, the Clerk of
Court, and Hon. Hugh D. Hayes, Courthouse, Naples, FL 34112, USA, on February 12, 2011,
Pacific Time.
Respectfully,
/s/Jennifer Franklin Prescott, fraud victim
CC: Hon. Hugh D. Hayes (Disposition Judge),Albertelli Law
United States District Court
The Florida BarNew York Times
[email protected], [email protected],[email protected], [email protected],
-
8/7/2019 673.3091, F.S.
11/16
Home/ Records Search / Court Records / Public Inquiry / Search Results - ALL / Case - 112009CA0060160001XX
New SearchReturn 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: 02/08/2011 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.
Find it here... Site Search
2/12/2011 Public Inquiry
apps.collierclerk.com//Case.aspx?UC 1/1
-
8/7/2019 673.3091, F.S.
12/16
Home/ Records Search / Court Records / Public Inquiry / Search Results - ALL / Case - 112009CA0060160001XX
New SearchReturn 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
2 of 2 pages. Entries per page: 60
Date Text All Entries
09/01/2010 OBJECTION TO MAGISTRATE
09/02/2010 CANCELLED
09/02/2010 MINUTES - HEARING SEE SCHEDULE MINUTES FOR DETAILS
09/02/2010 RECEIPT FROM DCAACKNOWLEDGMENT OF NEW CASE FILED W/DCA 8/18/10 2D10-4158
09/02/2010 ORDER BY DCAAPPELLANT SHALL WITHIN 15 DAYS SHALL FILE AN AMENDED APPEAL
09/02/2010 ORDER BY DCAAPPELLANT SHALL FORWARD FILING FEE OR ORDER OF INSOLVENCY WITTHIN40 DAYS
09/02/2010 ORDER BY DCA APPELLANT SHALL SHOW C AUSE WITHIN 15 DAYS
09/02/2010 NOTICE OF LACK OF JURISDICTION
09/02/2010 NOTICE OF LACK OF JURISDICTION
09/02/2010 NOTICE NOTICE OF LACK OF JURISDICTION
09/02/2010 NOTICE
09/02/2010 MOTION FOR RECUSAL
09/02/2010 NOTIC E IN SUPPORT OF HUGH HAYES RECUSAL
09/02/2010 NOTICE OF LACK OF JURISDICTION
09/02/2010 NOTICE OF LACK OF JURISDICTION
09/03/2010 NOTICE OF LACK OF JURISDICTION
09/03/2010 NOTICE OF LACK OF JURISDICTION
09/03/2010 NOTICE OF LACK OF JURISDICTION
09/07/2010 ORIGINAL SENATE STAFF RECORD EVIDENCE IN SUPPORT OF SANCTIONS
09/07/2010 NOTICE OF LACK OF JUSIDICTION
09/07/2010 REQUEST FOR JUDICIAL NOTICE
09/07/2010 NOTIC E OF AUTOMATIC DISSOLUTIO N OF LIS PENDENS
09/07/2010 REQUEST FOR JUDICIAL NOTICE
Find it here... Site Search
2/12/2011 Public Inquiry
apps.collierclerk.com//Case.aspx?UC 1/3
-
8/7/2019 673.3091, F.S.
13/16
09/14/2010 NOTIC E OF APPEAL AMENDED NOTICE OF APPEAL 2D10-4158
09/14/2010 COPY CORRESPONDENCE TO 2ND DCA W/ATTACHMENTS
09/15/2010 NOTIC E OF APPEAL AMENDED NOTICE OF APPEAL 2D10-4158
09/15/2010 COP Y AMENDED NOTIC E OF APPEAL TITLED TO 2ND DCA
09/15/2010 CORRESPONDENCE FROMAPPEAL CLERK TO DCA W/CERTIFIED COPY AMENDED NOTICE OF APPEAL2D10-4158
09/16/2010 CORRESPONDENCE FROMAPPEAL CLERK TO DCA W/CERTIFIED COPY AMENDED NOTICE OF 2ND AMENDEDNOTICE OF APPEAL
09/16/2010 DEMAND FOR FINAL ORDER
10/04/2010 ORDER BY DCATHIS APPEAL DISMISSED BECAUSE APPELLANT FAILED TO COMPLY WITH THISCOUR TS ORDER OF 8/31/10 R EQUIR ING A COPY OF ORDER APPEALED
10/25/2010 ORDER BY DCA THIS APPEAL IS DISMISSED
11/12/2010 NOTICE OF HEARING
11/12/2010 NOTIC E OF FILING AFFIDAVIT OF ATTORNEY FEES
11/12/2010 AFFIDAVIT AS TO ATTORNEYS FEES
12/02/2010 NOTIC E OF FILING ORIGINAL NOTE & ORIGINAL MORTGAGE
12/03/2010 MOTIONTO CANCEL UNAUTHORIZED HEARING IN DISPOSED ACTION MOTION FORJUDICIAL NOTICE / BY JENNIFER FRANKLIN-PRESCO
12/06/2010 CORRESPONDENCE FROM COUNSEL TO CLERK
12/06/2010 MOTION TO CANCEL HEARING
12/06/2010 OBJECTION TO& MOTION TO COMPEL & QUIET TITLE BY JENNIFER FRANKLIN-PRESCOT
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 FRANKLIN
PRESCO12/20/2010 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 HEARING02/14/11 @3:30P.M. AMENDED MOTIONFOR SUMMARY JUDGMENT AND FORATTORNEY 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
2/12/2011 Public Inquiry
apps.collierclerk.com//Case.aspx?UC 2/3
-
8/7/2019 673.3091, F.S.
14/16
Home/ Records Search / Court Records / Public Inquiry / Search Results - ALL / Case - 112009CA0060160001XX
New SearchReturn 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
Name Type DOB City, State, Zip
BANKUNITED PLAINTIFF
BANKUNITED FSB PLAINTIFF
PASKEWICZ, SERENA KAY ESQ PLAINTIFF'S ATTORNEY MIAMI, FL 33134
ROSE, ERIN M ESQ PLAINTIFF'S CO-COUNSEL TAMPA, FL 33623
FRANKLIN-PRESCOTT, JENNIFER DEFENDANT
PRESCOTT, WALTER DEFENDANT
DOE, JOHN DEFENDANT
DOE, MARY DEFENDANT
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.
Find it here... Site Search
2/12/2011 Public Inquiry
apps.collierclerk.com//Case.aspx?UC 1/1
-
8/7/2019 673.3091, F.S.
15/16
-
8/7/2019 673.3091, F.S.
16/16