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
___________________________________________________________________________/

NOTICE OF SERVICE OF
NOTICE OF DISPOSITION AND NON-CONSENT (J.F.P.) TO ANY magistrate/hearing
UPON THE ALLEGED MAGISTRATE, AT MAGISTRATE’S OFFICE, 5th FLOOR,
AND ANTONIOJ. PEREZ-BENITOA’S OFFICE

1. 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
Naples Courthouse
5th Floor
Naples, FL 34112,
T: 252-8331, 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

2. 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

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

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

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

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

NO order of referral

5. 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

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

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

LACK OF NOTICE OF ANY hearing

7. 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
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

8. 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.

9. 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.

NO jurisdiction

10. 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.

RECORD APPEAL - NO jurisdiction

11. 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.

12. 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.

13. 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.

14. 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-

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 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

15. 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.

16. 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, and Defendant Judge Hugh D. Hayes, Naples Courthouse,
3301 E. Tamiami Trail, Naples, FL 34112, on this 31st day of August, 2010.
The pleading is also being published worldwide.

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

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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 [SEIZED] BANKUNITED, FSB.,

purported “plaintiff”,

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

JENNIFER FRANKLIN-PRESCOTT, et al.

___________________________________________________________________________/

NOTICE OF RECORDATION OF RELEASE AND DISCHARGE OF LIS PENDENS

PURSUANT TO CHAPTER 48, FLORIDA STATUTES,
INSTRUMENT 4470323, O.R. 4600 / 2601

AND NOTICE OF SERVICE OF RELEASE NOTICE UPON

Erin M.[Quinn] Rose, Erin Rowland, James E. Albertelli, Albertelli Law

1. NOTICE IS HEREBY GIVEN of the

a. 08/12/2010 Final Disposition, Def. Judge Hugh D. Hayes;

b. Release and discharge of purported lis pendens, INSTR 4318185, O.R. 4471 PG 592;
c. Recordation of Notice of Discharge and Release of fraudulent lis pendens, INSTR
4318185.

2. Pursuant to § 48.23, Florida Statutes, a lis pendens is not effectual for any purpose beyond 1

year from the commencement of any action. Here, the facially fraudulent lis pendens,

purported O.R. 4471 / 592, 07/10/2009, was ineffectual.

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, and Defendant Judge Hugh D. Hayes, Naples Courthouse,
3301 E. Tamiami Trail, Naples, FL 34112, on this 1st day of September, 2010.
The document is also being published worldwide.

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