Notice of Confirmed Cancellation

8/8/2019 Notice of Confirmed Cancellation

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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT

IN AND FOR COLLIER COUNTY, FLORIDA

BANKUNITED,

as [purported]successor in interestto [SEIZED] BANKUNITED, FSB.,

purported plaintiff,

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

JENNIFER FRANKLIN-PRESCOTT, et al.

NOTICE OF LACK OFJURISDICTION

___________________________________________________________________________/

NOTICE OF CONFIRMED CANCELLATION

OF UNAUTHORIZED 09/02/10 hearing BEFORE Tony Perez, FLA. R. CIV. P. 1.490

NOTICE OF DISPOSITION, CANCELLATION, NON-CONSENT (J.F.P.), AND

SERVICE UPON JUDICIAL IMPOSTER Tony Perez

CONFIRMED CANCELLATION, 09/02/2010, 9:30 AM

1. Pursuant to the Magistrates Office, Debbie, Supervisor, Melanie [09/02/2010, AM], the

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

2. Here, the law required use of the legal name of anyjudicial officer. Tony Perez is not any

legal name.

NOTICE OF UNTIMELY notice and entry

3. On the day of the unauthorizedhearing, 09/02/2010, the notice of hearing appeared for

the first time. On 09/01/2010, said notice had not appearedon the Docket.

IMPROPER USE OF NON-LEGAL NAME JUDICIAL IMPOSTER Tony Perez


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4. NOTICE IS HEREBY GIVEN of Jennifer Franklin Prescotts cancellation of

unauthorized 09/02/2010 hearing because there was

a. Non-consent by J. Franklin Prescott;

b. Noorder of referralto any magistrate;c. Nonotice of hearing;

d. Nosetting party of record;

e. Nojurisdiction;f. Nostanding.

Here, seized and bankrupt BankUnited, FSB, had nostandingand could not havepossibly

been anyparty.

5. Pursuant to the Magistrates 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 Magistrates Office; b. Jennifer Franklin Prescotts MOTION TO DISMISS is not to be heard in the record

absence of any notice of hearingrequired under the Rules. See Docket of this disposed

Case.6. NOTICE IS HEREBY GIVEN of Jennifer Franklin Prescotts service of NOTICE OF

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

at:

a. Magistrates Office, c/o Supervisor Debbie, Rose

Naples Courthouse5

thFloor

Naples, FL 34112,

T: 252-8331, F: 252-8870 and

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

900 Sixth Avenue South

Suite 303Naples, Florida 34102

Telephone: 239-430-1884

Fax: 239-30-1885

http://www.tonypblaw.com

7. 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


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

Rules of Civil Procedure.

JENNIFER FRANKLIN PRESCOTTS OBJECTIONS TO ANY magistrate

8. In particular, J. Franklin Prescott objects and did not consentto any magistrate

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

MEMORANDUM

A REFERRAL TO A MAGISTRATE REQUIRES THE CONSENT OF ALLPARTIES. JENNIFER FRANKLIN PRESCOTT IS ENTITLED TO HAVE THISMATTER HEARD BY A JUDGE AND DOES NOT WANT TO HAVE THIS

MATTER HEARD BY ANY MAGISTRATE. JENNIFER FRANKLIN PRESCOTTFILE A WRITTEN OBJECTION TO FICTITIOUS referral PRIOR TO

COMMENCEMENT OF THE HEARING.

Here, no hearingcanpossibly commence.

PUBLICLY RECORDED 08/12/2010 FINAL DISPOSITION

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

NO order of referral

10. Here, there were

a. 08/12/2010 Final Disposition;

b. Noorder of referral;c. No notice of any hearing;

d. J. Franklin Prescotts non-consent and objection to any magistrate referraland hearing.

RECORD LACK OF note and mortgage

11. Here, in the recorded absence of any note and/ormortgage, there was


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a. Noagreement;

b. Nodebt;c. Nolien;

d. No BankUnited interest.

LACK OF TIMELY NOTICE OF ANY hearing

12. Court staff asserted and published:

A party/attorney scheduling a hearing mustconcurrently notice the matter in

conformance with the Florida Rules of Civil Procedure and ensure timely notice is 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 servedon Jennifer Franklin Prescott. Here, nothing, no matter, and no

hearingwere noticedin violation of the Florida Rules of Civil Procedure.

BANKUNITED, FSBS LACK OFstanding

13. Pursuant to 48.23, Fla. Stat.,

1. A notice oflis 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 holderorparty. Here, U.S. agents had seized

BankUnited, FSB.

14. Furthermore here, Jennifer Franklin-Prescott was mischaracterized as a married woman

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


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

parties names.

NOjurisdiction

15. Here, BankUnited, FSB was

a. Not anyparty; b. Had nointerest;

c. Had nostanding.

Here, bankrupt BankUnited, FSB, had nostanding, and this Court has nojurisdiction.

RECORD APPEAL - NOjurisdiction

16. Here after disposition and Jennifer Franklin Prescotts Notice of Appeal, this Court had no

jurisdiction:

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

17. 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 ormortgage, said seized banks fraudulentaction

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

18. 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.

19. Here, the pleadings conclusively proved that no action could befoundedon any lost and/or

destroyed note and/or instrument. Therefore, the bankrupt and seized banks non-


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

discharged the fraudulent notice oflis 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

20. 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.

21. 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, Magistrates 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 BankUniteds record fraud


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Antonio J. Perez-Benitoa, P.A.

CONTACT US

Antonio J.

Perez-Benitoa, P.A.

900 Sixth Avenue South

Suite 303

Naples, FL 34102

Phone: 239-206-4324

Toll Free: 866-393-9974

Fax: 239-430-1885

Map and Directions

ANTONIO J. PEREZ-BENITOASole Practitioner

Location:

Naples, Florida

Phone:

866-393-9974

239-206-4324

Fax:

239-430-1885

E-mail:

E-mail Me

Areas of Practice

100% Marital and Family Law

Litigation Percentage

100% of Practice Devoted to Litigation

Certified Legal Specialties

Marital and Family Lawyer, The Florida Bar, 1995

9/1/2010 Antonio J. Perez-Benitoa | Antonio J. P

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Bar Admissions

Florida, 1988

U.S. District Court Middle District of Florida, 1988

Education

Drake University Law School, Des Moines, Iowa

J.D. - 1988

Barry University, Miami, FL, USA

B.S. - 1984

Major: Political Science

Professional Associations and Memberships

The Florida Bar, Member, 1988 - Present

Collier County Bar Association, Member, 1988 - Present

Past Employment Positions

Paulich, O'Hara and Slack, Associate, 1988 - 1993

Faerber, Hissam, Cliff & Perez-Benitoa, Associate, 1993 - 1998

Languages

Spanish

Copyright 2010 by Antonio J. Perez-Benitoa, P.A. All rights reserved. Disclaimer | Site Map

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

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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 FORECLOSURES Disposed: 08/12/2010

Judge: HAYES, HUGH D Reopen Reason:

Case Status: DISPOSED Reopened:Next Court Date: 09/02/2010 Reopen Close:

Last Docket Date: 08/30/2010 Appealed:

Parties

Dockets

Events

Financials

1 of 1 pages. Entries per page: 80

Date Text All Entries

07/09/2009 CA48/REAL PRO PERTY MORTGAGE FORECLOSURE (PRE 2010) (FILING)

07/09/2009 CIVIL COVER SHEET

07/09/2009 COMPLAINT

07/09/2009 NOTIC E OF LIS PENDENS

07/09/2009 PAID $10.00 PER ISSUANCE OF SUMMONS $40.00

07/09/2009 REAL PRO PERTY VALUATION SHEET

07/10/2009 SUMMONS ISSUEDJENNIFER FRANKLIN PRESCOTT/ WALTER PRESCOTT/ JOHN DOE/ MARY DOE/PLACED IN SOUTH FLORIDA PROCESS SERVERS BIN

09/03/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS MARY DOE

10/14/2009 AFFIDAVIT OF LOST OR IGINAL SUMMONS JOHN DOE

10/14/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS JOHN DOE

12/21/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS WALTER PRESCOTT

12/21/2009 AFFIDAVIT OF NON-SERVICE OF SUMMONS JENNIFER FRANKLIN-PRESCOTT

02/22/2010 NOTICE OF APPEARANCE

AS CO-COUNSEL BY ERIN M ROSE QUINN ON BEHALF OF PLT

04/06/2010 ALIAS SUMMONS ISSUEDJENNIFER FRANKLIN-PRESCOTT/WALTER PRESCOTT/PLACED IN PROVEST LLC BIN

05/20/2010 AFFIDAVIT OF NON-SERVIC E OF SUMMONS JENNIFER FRANKLIN PRESCO TT

05/20/2010 AFFIDAVIT OF NON-SERVICE OF SUMMONS WALTER PRESCOTT

06/15/2010 COR RESPONDENCE FROM COUNSEL TO CLERK

06/15/2010 AFFIDAVIT OF CONSTRUCT IVE SERVICE AS TO WALTER PRESCOTT

06/15/2010 AFFIDAVIT OF C ONSTRUCTIVE SERVICE AS TO JENNIFER FRANKLIN-PRESCOTT

06/15/2010 AFFIDAVIT OF CONSTRUCTIVE SERVICEAS TO ANY AND ALL UNKNOW N PARTIES CLAIMING

06/15/2010 AFFIDAVIT OF DILIGENT SEARCH AS TO WALTER PRESCOTT

06/15/2010 AFFIDAVIT OF DILIGENT SEARCH AS TO JENNIFER FRANKLIN-PRESCOTT

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9/1/2010 Public Inquiry

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


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06/15/2010 COR RESPONDENCE FROM C OUNSEL TO GULF COAST BUSINESS REVIEW

06/17/2010 LETTER TO GULF COAST BUSINESS REVIEW

06/17/2010 NOTICE OF ACTIONTO WALTER PRESCOTT/JENNIFER FRANKLIN-PRESCOTT & ANY AND ALL UNKNOWNPARTIES CLAIMING

06/17/2010 AFFIDAVIT OF MAILING MAILED 6/18/10

06/18/2010 CONFIRMATION OF EMAIL RECEIVED BY GULF CO AST BUSINESS REVIEW

07/07/2010 AFFIDAVIT OF PUBLICATIONNOTICE OF ACTION TO WALTER PRESCOTT/JENNIFER FRANKLIN-PRESCOTT/ANSWERWITHIN 30 DAYS OF FIRST P UBLICATION 6/25/10

07/09/2010 MOTIO N TO DISMISS BY JENNIFER FRANKLIN PRESCOTT

07/22/2010 NOTICE OF SERVICE MOTION TO DISMISS

07/22/2010 MOTIO N TO DISMISS BY JENNIFER FRANKLIN PRESCOTT /PRO SE

07/22/2010 MOTIO N TO ENJOIN / BY JENNIFER FRANKLIN-PRESCOTT -PRO SE

07/22/2010 NOTICE OF SERVICEOF PUBLISHED NOTIC E OF RECORD & MOT ION TO DISMISSBY DEFENDANT

07/23/2010 MOTION FOR CLARIFICATION OF COUNSEL

07/23/2010 MOTION TO DISMISS

07/23/2010 MOTIO N TO C LARIFY ALLEGED PLAINTIFFS PUBLISHED NOTICE OF RECORD FRAUD

08/12/2010 MOTIO N TO DISMISS PRO SE JENNIFER FRANKLIN PRESCOTT

08/12/2010 BANKRUPTCY BANKUNITED

08/12/2010 CA48/REAL PRO PERTY MORTGAGE FORECLOSURE (PRE 2010) (DISPOSITION)

08/17/2010 BANKRUPTCY BANKUNITED

08/17/2010 NOTICEOF BANKRUPT BANKUNITED INCIDENT REPORT APPARENT FALSIFICATIONS NOTICE

08/17/2010 NOTIC E OF BANKRUPT BANKUNITED

08/17/2010 NOTIC E OF BANKRUPT BANKUNITED DOCKET ALTERATIONS EVIDENCE

08/17/2010 NOTIC E OF BANKRUPT NON SERVICE NOTIC E

08/17/2010 NOTICEOF BANKRUPT BANKUNITED EMERGENCY DEMAND TO EXTINGUISH FRAUDULENTACTION

08/18/2010 NOTICE OF APPEALFROM ALTERATION OF RECOR D NO O RDER ATTACHEDNO FEES ENCLO SED

08/20/2010 CORR ESPONDENCE FROM

APPEAL CLEERK TO DCA W/NOTICE OF APPEALNO FEE INCLUDED

08/20/2010 BILLED APPEAL FILING FEE $150.00

08/30/2010 NOTICE OF RELEASE OF LIS PENDENS FILED BY DEFENDANT

08/30/2010 FINAL DISPOSITION FORM

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 m aintained 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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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: 09/02/2010 Reopen Close:

Last Docket Date: 09/01/2010 Appealed:

Parties

Dockets

Events

Financials

Docket Type Judge Court Date Court Time

MOTION HEARING PEREZ, MAGISTRATE TONY 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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Notice of Confirmed Cancellation