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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA

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

Plaintiff,

vs. CASE NO.: 09-6016-CA

JENNIFER FRANKLIN-PRESCOTT, et al.,

Defendants.

___________________________________________________________________/

MOTION TO CLARIFY ALLEGED “PLAINTIFF(S)”/”PARTIES”

PUBLISHED NOTICE OF RECORD FRAUD ON THE COURT

NOTICE OF SERVICE OF PLEADING(S) UPON ERIN M. ROSE QUINN

MOTION TO CLARIFY ALLEGED PLAINTIFF(S) AND NOTICE OF FAILED BANK

“PLAINTIFF” BANK FAILED

1. “BANKUNITED, FSB” failed.

FEDERAL SEIZURE

2. Federal regulators had seized the “Plaintiff” thrift.

FAILED BANK FOUNDER AND TROUBLED ATTORNEY CAMNER

3. ALFRED CAMNER, troubled founder and attorney, has been in an acrimonious battle with

the board of BANKUNITED Financial Corp., former parent company.


7/23/2010 Public Inquiry

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Case Information Printer Friendly Version

Style: BANKUNITED vs FR ANKLIN-PR ESC O TT, JENNIFER


Uniform Case Number: 112009C A0060160001XX Filed: 07/09/2009
Clerks Case Number: 0906016C A
Court Type: CIRCUIT C IVIL Disposition Judge:
Case Type: MO R TGAGE FO R ECLO SUR ES Disposed:
Judge: HAYES, HUGH D Reopen Reason:
Case Status: O PEN Reopened:
Next Court Date: Reopen Close:
Last Docket Date: 07/09/2010 A ppealed:

Parties Dockets Events Financials

Name Type DOB City, State, Zip


BANKUNITED PLAINTIFF
BANKUNITED FSB PLAINTIFF
PASKEW ICZ, SER ENA KAY ESQ PLAINTIFF'S ATTO R NEY MIAMI, FL 33134
R O SE, ER IN M ESQ PLAINTIFF'S C O -C O UNSEL TAMPA, FL 33623
FR ANKLIN-PR ESCO TT, JENNIFER DEFENDANT
PR ESCO TT, W ALTER DEFENDANT
DO E, JO HN DEFENDANT
DO E, MAR Y DEFENDANT

W e dne sday night is re gula r m a intena nce tim e on our se rve rs; a s a result brie f outa ge s m ay occur.
W e apologize in adva nce for a ny inconve nie nce .

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apps.collierclerk.com/…/Case.aspx?UC… 1/1
“PLAINTIFF’S” BANKRUPTCY

4. BANKUNITED Financial filed for protection under Chapter 11 of the Federal bankruptcy

code, listing total assets of $37.7 million and total debts of $559.7 million. Here,

shareholders were wiped out. BANKUNITED was sold to a group of private firms led by

banker John Kanas.

TRICKERY & DECEPTION

5. Bankrupt “BANKUNITED, FSB” appeared as “Plaintiff”. See Exhibit: Docket, Parties.

6. “Paskewicz, Serena Kay, Esq.” appeared as “Plaintiff’s Attorney”. Id.

7. Troubled law firm Camner Lipsitz was dismissed. Here, “Paskewicz” has no authority to

represent failed “BANKUNITED, FSB”.

FACIALLY NON-MERITORIOUS ACTION

8. Given the apparent recorded chaos, “loss”, “destruction”, and cancellation of any and all

debt, the action was non-meritorious.

UNKNOWN LOSS OR DESTRUCTION

9. Purported failed “Plaintiff” asserted that the time and manner of purported loss and

destruction were “unknown”. Thereby, “Plaintiff” bankrupt bank failed to comply with

Ch. 71, Florida Statutes.

DISCHARGE OF ANY PRETENDED DEBT

10. If the holder of an instrument destroys it, he thereby forgives and discharges any debt. Here

concededly, manner and time of destruction or loss were “unknown”.

11. The holder may not maintain an action based upon the purportedly destroyed

instrument. Here, any pretended instrument was discharged by cancellation. See also

District of Columbia v. Cornell, 130 US 655, 32 L ed 1041, 9 S Ct 694; State Street Trust Co.

2
v Muskogee Electric Traction Co. (CA10 Okla) 204 F2d 920; 11 Am Jur 2d BILLS AND

NOTES; § 913.

CORRUPT INTENT

12. “Plaintiff” failed bank had corrupt intent to obtain illegal benefits to “avoid” failure and

misrepresent assets.

TROUBLED FOUNDER OF FAILED BANK WAS NOT “COUNSEL”

13. Troubled Alfred Camner, founder of bankrupt “BANKUNITED, FSB”, is not appearing for

the purported Plaintiff.

14. The Docket entry dated “02/22/2010” fraudulently misrepresented:

“Notice of Appearance as Co-Counsel by Erin M. Rose Quinn on behalf of Plaintiff”.

Here, no other known “Counsel” appeared to represent the purported Plaintiff at that time.

15. In particular, Alfred Camner, and the Attorneys with troubled Camner Lipsitz under its

founder Camner, are not representing the Plaintiff. Here, “Erin M. Rose Quinn’s” record

misrepresentation appeared to be in bad faith and for deceptive purposes. While the

troubled bank’s failure had been evident for a very long time, the failed bank’s founder

Alfred Camner took improper and facially non-meritorious action against Jennifer

Franklin Prescott.

DECEPTION

16. Here, no authentic Promissory Note and/or Mortgage had ever existed. Therefore here

admittedly, no such Note or Mortgage could have possibly been “in the custody or control

of” the failed bank. Because troubled founder of the failed bank and Attorney Alfred

Camner had a conflict of interest, Camner and Camner Lipsitz pleaded lack of any

knowledge and control.

3
17. No secondary or any other evidence existed, because failed bank founder Camner could

not establish any “loss”. Troubled bank founder Camner did not know what he had

“control of”, and therefore, the bank failed.

FAILURE & IMPOSSIBILITY TO “REESTABLISH” PURPORTED PAPER

FAILURE TO SET FORTH TIME AND MANNER OF FAKED “LOSS”

18. Violative of § 71.041(5), the purported Plaintiff failed to set forth:

“the time and manner of loss or destruction”.

FAILURE TO ATTACH “SUBSTANTIAL COPY”

19. Violative of § 71.041(5), the purported Plaintiff failed to attach:

“a substantial copy of that lost or destroyed”,

because admittedly, “the time and manner of loss or destruction” and that “lost or destroyed”

were “unknown”.

20. Because the purported Plaintiff did not know “Counsel”, “that lost of destroyed”, and “the

time and manner of loss or destruction”, the purported Plaintiff also failed to set forth and/or

ascertain

“that the persons named in the complaint are the only persons known to plaintiff who

are interested for or against such reestablishment”. See § 71.041(5), Fla. Stat.

NON-COMPLIANCE AND FAILURE TO REESTABLISH ANY PAPER

21. Therefore here, the purported Plaintiff failed to comply with Chapter 71, Fla. Stat., did not

reestablish any paper, and could not possibly reestablish any paper. Thus, the allegations

were absolutely non-meritorious, and the Complaint shall be dismissed.

4
FAILED “BANKUNITED, FSB” ADMITTEDLY FABRICATED “MORTGAGE”

22. Bankrupt “BANKUNITED, FSB”, the purported “Plaintiff”, admitted the record absence of

any interest and/or “promissory note” in its “custody or control”:

“6. Said [non-existent] 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 facially fraudulent “complaint” by defunct “BANKUNITED, FSB”, p. 3.

FAILED BANK’S FAILURE TO SATISFY “REQUIRED CONDITIONS”

23. Bankrupt “BANKUNITED, FSB.”, a.k.a. “BANKUNITED, FSB”, and/or “BANKUNITED”

failed to satisfy “conditions precedent to the institution of” this action. Id., p. 2.

FAILED BANK’S FRAUDULENT PRETENSES ON THE RECORD

24. “Plaintiff” failed bank fraudulently pretended that the “conditions precedent to the institution

of” this facially fraudulent action “occurred” and/or had “been performed or excused”.

25. Here, said bankrupt bank, Camner Lipsitz, and/or the dismissed firm’s founder Alfred

Camner did not comply with the Fair Debt Collection Practices Act.

LACK OF GOVERNMENT AND/OR JUDICIAL AUTHORITY TO FABRICATE ‘LOAN’

26. Jennifer Franklin Prescott, who is a European citizen, holds unimpeachable title to her

publicly recorded homestead in Naples, Florida, U.S.A.

27. For claims asserted in Federal Court against the presiding Judge, Jennifer Franklin Prescott

(“Prescott”) does not submit to the jurisdiction.

28. Neither the Defendant presiding judge nor any judge had any official right or Government

authority to fabricate, re-fabricate, and/or “re-establish” that which had never existed. Id.

PUBLIC RECORD OF BANKRUPT “PLAINTIFF’S” FRAUDULENT HISTORY

5
29. Purportedly on behalf of “Plaintiff” bankrupt bank “BANKUNITED, FSB”, and/or

“BANKUNITED”, law firm Camner Lipsitz filed a prima facie fraudulent “complaint”

against Prescott.

RECORD DECEPTION, TRICKERY, FRAUD

30. Here, the purported “Plaintiff’s” designations were deceptive and for the unlawful purpose of

misleading the public and property owners.

31. Here, purported “Plaintiff” “BANKUNITED, FSB” had failed. The bankrupt bank had been

founded and mis-managed for most of its troubled history by Alfred Camner, the head of

reportedly dismissed Camner Lipsitz.

32. A Federal shareholder class action lawsuit had targeted said Defendant Alfred Camner and

other former players at the bankrupt bank, who had allegedly deceived investors about the

quality of the bankrupt bank’s loan portfolio.

33. Here, Defendant Camner’s outfit did a “significant amount of work” for “Plaintiff” bankrupt

“BANKUNITED, FSB”, while signs of the bankrupt bank’s failure had been evident for a

very long time.

34. Private equity players “formed” another “BANKUNITED” to play with the assets of the

failed bank, and Alfred Camner and Camner Lipsitz were reportedly dismissed pursuant to

the record. The failed bank and the law firm have a dispute over legal fees pending in Miami-

Dade County Circuit Court. The bank reportedly posted a $3 million bond in that case.

35. Here, BANKUNITED itself could no longer have any confidence in troubled original

founder Alfred Camner and his failing outfit Camner Lipitz and thus dismissed said judicial

officers.

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36. Here after said dismissal of Camner Lipsitz, attorneys of said firm had no authority to appear

and perpetrate fraud on this Court.

FAILED BANK FAKED “INTEREST”

37. Here as a matter of law and public record, failed “BANKUNITED, FSB” has been defunct.

In this case, no “mortgage” had ever been “in the custody or control of” bankrupt

“BANKUNITED, FSB”.

38. Here, “BANKUNITED” could not possibly be any “successor in interest” and/or holder of

any interest in Prescott’s record homestead, because bankrupt “BANKUNITED, FSB” had

never acquired any interest of record. Here pursuant to the record, BANKUNITED, FSB

went bankrupt, and no valid “mortgage” had existed.

39. Admittedly “the time and manner of the loss or destruction is unknown”, because no

“mortgage” had ever existed, and the “Plaintiff” failed bank fabricated “loss” and/or

“destruction”. Because no “mortgage” had ever been “in the custody” of bankrupt

“BANKUNITED, FSB”, the sham “action” is facially frivolous and fraudulent.

40. Here, the failed “Plaintiff’s” fabricated “interest”, “promissory note”, and/or “mortgage” had

never existed. The Plaintiff bank and founder’s law firm fraudulently concealed “manner and

time” of the fabrication of the failed bank’s and/or law firm’s fictitious “promissory note”.

BANKRUPT BANK FABRICATED “DAMAGES”

41. Here, the “Plaintiff” bankrupt bank fabricated “damages that exceed $15,000.00 …” See

facially fraudulent “complaint” by defunct “BANKUNITED, FSB”, p. 2.

PRIMA FACIE FRIVOLOUS & FRAUDULENT “CLAIM”

42. Here, the bankrupt “Plaintiff” and/or court could not possibly “reestablish” and/or (re-)

fabricate that which admittedly had never existed.

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DEFUNCT BANKUNITED, FSB., PERPETRATED FRAUD ON THIS COURT

43. Here, defunct bank “BANKUNITED, FSB.” perpetrated fraud upon this court and acted in

bad faith. The “Plaintiff” bankrupt bank is liable for damages and expenses.

BANKRUPT BANK’S TRICKERY & DECEPTION - EXHIBITS

44. Here therefore, the bankrupt bank’s “Exhibit(s)” of a non-existent and purportedly “lost”

and/or destroyed “mortgage” were deceptive.

45. Here, there was no evidence to support any “lis pendens”.

46. Here admittedly, no valid evidence of any interest in the name of the bankrupt bank could

have possibly existed, and the failed “Plaintiff” bank perpetrated prima facie fraud on the

record.

WHEREFORE, Jennifer Franklin Prescott demands

1. An Order clarifying “Plaintiff” in this prima facie non-meritorious action:

2. An Order declaring that Camner Lipsitz and/or its Attorneys are not any Counsel”

3. An Order clarifying Counsel for failed Bank and purported Plaintiff;

4. An Order enjoining said deceptive misrepresentation of Plaintiff’s counsel;

5. An Order clarifying who is truly representing failed “BANKUNITED”;

6. An Order dismissing the purported “action” as facially fraudulent and frivolous;

7. An Order dismissing this facially fraudulent action, because a non-existent “instrument”

cannot possibly be “reestablished”, “re-faked”, and/or (re-)fabricated as a matter of law;

8. An Order dismissing this facially fraudulent action, because “Plaintiff” bankrupt bank never

was “in the custody or control” of any valid “mortgage” before the bank failed and defrauded

property owners and/or investors on the record;

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9. An Order for sanctions and expenses against “Plaintiff” bankrupt bank “BANKUNITED,

FSB” and its dismissed and/or fired attorneys at Camner Lipsitz;

10. An order removing the fired judicial officers with the Camner Lipsitz firm from these

proceedings, and striking their fraudulent pleadings, because they perpetrated said record

fraud and fraud on this Court and in particular, fraudulently pretended a lost and/or destroyed

“mortgage”.

________________________
/s/Jennifer Franklin Prescott
Victim of bankrupt BANKUNITED, FSB’s record fraud and fraud on this Court
Victim of failed BANKUNITED founder Alfred Camner’s record fraud & fraud on this Court

EXHIBIT: Docket; publicly recorded “parties”