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Automatic Dissolution of lis pendens Notice, Rule 1.420(f)

Automatic Dissolution of lis pendens Notice, Rule 1.420(f)

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Published by Albertelli_Law
AUTOMATIC DISSOLUTION OF lis pendens NOTICE, AND

DEMAND FOR RECORDING UNDER RULE 1.420(f), FLA.R.CIV.P.

1. NOTICE IS HEREBY GIVEN that the notice of lis pendens connected with the 08/12/2010 Final Disposition was automatically dissolved at said time pursuant to Rule 1.420 (f), Fla.R.Civ.P. Here, the notice, stipulation, or order shall be recorded. WHEREFORE, Jennifer Franklin Prescott demands that the NOTICE OF AUTOMATIC DISSOLUTION OF [FRAUDULENT] lis pendens, Rule 1.420 (f), be recorded accordingly. See attached Docket.
FAILURE TO COMPLY WITH STATUTES AND STATE A CAUSE OF ACTION
2. If a party is not in possession of the original note and cannot reestablish it, the party cannot prevail in an action on the note. In Dasma Investments, LLC v. Realty Associates Fund III, L.P., 459 F.Supp.2d 1294 (S.D.Fla.2006) the court explained that in Florida a promissory note is a negotiable instrument and that a party suing on a promissory note, whether just on the note itself or together with a foreclose on a mortgage securing the note, must be in possession of the original of the note or reestablish the note pursuant to Fla. Stat. § 673.3091. Shelter Dev. Group, Inc. v. Mma of Georgia, Inc., 50 B.R. 588, 590 (Bkrtcy. S.D. Fla.1985).
LAWFULLY SEIZED BANKUNITED’S FAILURE TO COMPLY WITH CH. 673, F.S.
3. A party must comply with section 673.3091, Florida Statues, in order to enforce a lost, destroyed or stolen negotiable instrument. Here, lawfully seized BankUnited, FSB [F.D.I.C. seizure]
a. FAILED to state that the creditors ever received possession of any original promissory note;
b. FAILED to state a cause of action;
c. FAILED to satisfy the conditions precedent to sue, Ch. 673, Florida Statutes;
d. COULD NOT possibly have complied with section 673.3091, Florida Statues.

RECORD LACK OF promissory note
4. The original document that is generally required to be filed with the court in a mortgage foreclosure proceeding is the promissory note, not the mortgage. The Evidence Code provides the rationale for this conclusion. Section 90.952, Florida Statutes (2002), indicates that original documents are required to prove the contents of a writing.
5. A promissory note is a negotiable instrument within the definition of section 673.1041(1), and either the original must be produced, or the lost document must be reestablished under section 673.3091, Florida Statutes (2002). See Mason v. Rubin, 727 So. 2d 283 (Fla. 4th DCA 1999); see also Downing v. First Nat'l Bank of Lake City, 81 So. 2d 486 (Fla. 1955); Thompson v. First Union Nat'l Bank, 673 So. 2d 1179 (Fla. 5th DCA 1994); Figueredo v. Bank Espirito Santo, 537 So. 2d 1113 (Fla. 3d DCA 1989).
LAWFULLY SEIZED BANKUNITED HAD NO right to the payment of money
6. Here, no writing on file evidenced any right to the payment of money by lawfully seized bankrupt bank BankUnited, FSB, Ch. 673, Florida Statutes.
JENNIFER FRANKLIN PRESCOTT DEMANDED PROTECTION FROM FRAUD
7. Because it is negotiable, the promissory note must be surrendered in a foreclosure proceeding so that it does not remain in the stream of commerce. Indeed, if the foreclosing party alleges that the note is lost, destroyed or stolen, the trial court is authorized by statute to take the necessary actions to protect the party purportedly required to pay the note against loss that might occur by reason of a claim by another party to enforce the instrument. See section 673.3091(2), Fla. Stat. (2002).
8. A mortgage is the security for the payment of the negotiable promissory note, “and is a mere incident of and ancillary to such note.”
08/12/2010 FINAL DISPOSITION FOR LACK OF “proper plaintiff”

LAWFULLY SEIZED BANKUNITED, FSB, HAD NO interest & NO standing
9. Here, the admitted loss, the time and manner of which was unknown, was
a. “the result of a transfer or lawful seizure”, [F.D.I.C.], Ch. 673, Florida Statutes;
b. precluded any establishment of any agreement and/or breach of contract.

BUSTED BANKUNITED FAILED ITS BURDEN

10. Here, the bur
AUTOMATIC DISSOLUTION OF lis pendens NOTICE, AND

DEMAND FOR RECORDING UNDER RULE 1.420(f), FLA.R.CIV.P.

1. NOTICE IS HEREBY GIVEN that the notice of lis pendens connected with the 08/12/2010 Final Disposition was automatically dissolved at said time pursuant to Rule 1.420 (f), Fla.R.Civ.P. Here, the notice, stipulation, or order shall be recorded. WHEREFORE, Jennifer Franklin Prescott demands that the NOTICE OF AUTOMATIC DISSOLUTION OF [FRAUDULENT] lis pendens, Rule 1.420 (f), be recorded accordingly. See attached Docket.
FAILURE TO COMPLY WITH STATUTES AND STATE A CAUSE OF ACTION
2. If a party is not in possession of the original note and cannot reestablish it, the party cannot prevail in an action on the note. In Dasma Investments, LLC v. Realty Associates Fund III, L.P., 459 F.Supp.2d 1294 (S.D.Fla.2006) the court explained that in Florida a promissory note is a negotiable instrument and that a party suing on a promissory note, whether just on the note itself or together with a foreclose on a mortgage securing the note, must be in possession of the original of the note or reestablish the note pursuant to Fla. Stat. § 673.3091. Shelter Dev. Group, Inc. v. Mma of Georgia, Inc., 50 B.R. 588, 590 (Bkrtcy. S.D. Fla.1985).
LAWFULLY SEIZED BANKUNITED’S FAILURE TO COMPLY WITH CH. 673, F.S.
3. A party must comply with section 673.3091, Florida Statues, in order to enforce a lost, destroyed or stolen negotiable instrument. Here, lawfully seized BankUnited, FSB [F.D.I.C. seizure]
a. FAILED to state that the creditors ever received possession of any original promissory note;
b. FAILED to state a cause of action;
c. FAILED to satisfy the conditions precedent to sue, Ch. 673, Florida Statutes;
d. COULD NOT possibly have complied with section 673.3091, Florida Statues.

RECORD LACK OF promissory note
4. The original document that is generally required to be filed with the court in a mortgage foreclosure proceeding is the promissory note, not the mortgage. The Evidence Code provides the rationale for this conclusion. Section 90.952, Florida Statutes (2002), indicates that original documents are required to prove the contents of a writing.
5. A promissory note is a negotiable instrument within the definition of section 673.1041(1), and either the original must be produced, or the lost document must be reestablished under section 673.3091, Florida Statutes (2002). See Mason v. Rubin, 727 So. 2d 283 (Fla. 4th DCA 1999); see also Downing v. First Nat'l Bank of Lake City, 81 So. 2d 486 (Fla. 1955); Thompson v. First Union Nat'l Bank, 673 So. 2d 1179 (Fla. 5th DCA 1994); Figueredo v. Bank Espirito Santo, 537 So. 2d 1113 (Fla. 3d DCA 1989).
LAWFULLY SEIZED BANKUNITED HAD NO right to the payment of money
6. Here, no writing on file evidenced any right to the payment of money by lawfully seized bankrupt bank BankUnited, FSB, Ch. 673, Florida Statutes.
JENNIFER FRANKLIN PRESCOTT DEMANDED PROTECTION FROM FRAUD
7. Because it is negotiable, the promissory note must be surrendered in a foreclosure proceeding so that it does not remain in the stream of commerce. Indeed, if the foreclosing party alleges that the note is lost, destroyed or stolen, the trial court is authorized by statute to take the necessary actions to protect the party purportedly required to pay the note against loss that might occur by reason of a claim by another party to enforce the instrument. See section 673.3091(2), Fla. Stat. (2002).
8. A mortgage is the security for the payment of the negotiable promissory note, “and is a mere incident of and ancillary to such note.”
08/12/2010 FINAL DISPOSITION FOR LACK OF “proper plaintiff”

LAWFULLY SEIZED BANKUNITED, FSB, HAD NO interest & NO standing
9. Here, the admitted loss, the time and manner of which was unknown, was
a. “the result of a transfer or lawful seizure”, [F.D.I.C.], Ch. 673, Florida Statutes;
b. precluded any establishment of any agreement and/or breach of contract.

BUSTED BANKUNITED FAILED ITS BURDEN

10. Here, the bur

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Published by: Albertelli_Law on Sep 05, 2010
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUITIN AND FOR COLLIER COUNTY, FLORIDA
BANKUNITED,as [
purported
]
 successor in interest 
to [
LAWFULLY SEIZED
] BANKUNITED, FSB., purported “
 plaintiff 
vs.
DISPOSED CASE NO.: 09-6016-CA
 JENNIFER FRANKLIN-PRESCOTT,
et al 
.
 
 ___________________________________________________________________________/
AUTOMATIC DISSOLUTION OF
lis pendens
NOTICE, ANDDEMAND FOR RECORDING UNDER RULE 1.420(f), FLA.R.CIV.P.
1. NOTICE IS HEREBY GIVEN that the
notice of lis pendens
connected with the
08/12/2010Final Disposition
was
automatically dissolved
at said time pursuant to Rule
1.420 (f)
,Fla.R.Civ.P. Here, the notice, stipulation, or order shall be
recorded
. WHEREFORE,Jennifer Franklin Prescott
demands
that the NOTICE OF AUTOMATIC DISSOLUTIONOF [FRAUDULENT]
lis pendens
, Rule
1.420 (f)
, be
recorded
accordingly. See attachedDocket.
FAILURE TO COMPLY WITH STATUTES AND STATE A CAUSE OF ACTION
2. If a party is not
in possession
of the
original note
and cannot
reestablish
it, the party cannot
 prevail 
in an
action
on the
note
. In Dasma Investments, LLC v. Realty Associates Fund III,L.P., 459 F.Supp.2d 1294 (S.D.Fla.2006) the court explained that in Florida a
 promissorynote
is a
negotiable instrument 
and that a party
 suing on a promissory note
, whether just onthe
note
itself or together with a
 foreclose on a mortgage
 
 securing the note
, must be
in possession
of the
original of the note
or 
reestablish
the note pursuant to Fla. Stat. §
673.3091
.Shelter Dev. Group, Inc. v. Mma of Georgia, Inc., 50 B.R. 588, 590 (Bkrtcy. S.D. Fla.1985).
 
 2
LAWFULLY SEIZED BANKUNITED’S FAILURE TO COMPLY WITH CH. 673, F.S.
3. A
 party
must comply with section
673.3091
, Florida Statues, in order to
enforce
a
lost
,
destroyed
or 
stolen
 
negotiable instrument 
. Here,
lawfully seized
BankUnited, FSB [F.D.I.C.seizure]a.
FAILED
to state that the creditors ever 
received possession
of any
original promissorynote
; b.
FAILED
to
 state a cause of action
;c.
FAILED
to
 satisfy the conditions precedent 
to sue, Ch.
673
, Florida Statutes;d.
COULD NOT
 possibly
have
complied with
 
section
673.3091
, Florida Statues.
RECORD LACK OF
 promissory note
 
4. The original document that is generally
required
to be filed with the court in a
mortgage foreclosure
 proceeding is the
promissory note
,
not
the
mortgage
. The Evidence Code provides the rationale for this conclusion. Section
90.952
, Florida Statutes (2002), indicatesthat original documents are
required
to
prove
the contents of a
writing 
.5. A
 promissory note
is a
negotiable
 
instrument 
within the definition of section
673.1041(1)
,and either the original must be produced, or the
lost document
must be
reestablished 
under section
673.3091
, Florida Statutes (2002). See Mason v. Rubin, 727 So. 2d 283 (Fla. 4thDCA 1999); see also Downing v. First Nat'l Bank of Lake City, 81 So. 2d 486 (Fla. 1955);Thompson v. First Union Nat'l Bank, 673 So. 2d 1179 (Fla. 5th DCA 1994); Figueredo v.Bank Espirito Santo, 537 So. 2d 1113 (Fla. 3d DCA 1989).
 
LAWFULLY SEIZED BANKUNITED HAD NO
right to the payment of money
 
6. Here,
no
 
writing 
on file
evidenced 
any
right to the payment of money
by
lawfully seized
 
bankrupt bank 
BankUnited, FSB, Ch.
673
, Florida Statutes.
JENNIFER FRANKLIN PRESCOTT DEMANDED PROTECTION FROM FRAUD
7. Because it is
negotiable
, the
 promissory note
 
must be
 
surrendered
in a
 foreclosure proceeding 
so that it does not remain in the stream of commerce. Indeed, if the
 foreclosing 
 
 
 3 party alleges that the note is
lost,
 
destroyed
or 
stolen
, the trial court is
authorized
by statuteto take the necessary actions to
protect
the party purportedly required to pay the note againstloss that might occur by reason of a claim by another party to
enforce
 
the instrument 
. Seesection
673.3091(2)
, Fla. Stat. (2002).8. A
mortgage
is the security for the payment of the
negotiable promissory note
, “and is a mereincident of and ancillary to such note.”
08/12/2010 FINAL DISPOSITION FOR LACK OF “
 proper plaintiff 
 
LAWFULLY SEIZED BANKUNITED, FSB, HAD NO
interest 
& NO
 standing 
 
9. Here, the
admitted
 
loss
, the
time and manner of which was
unknown
, wasa.
the result of a transfer or 
lawful seizure
”, [F.D.I.C.], Ch.
673
, Florida Statutes; b.
precluded
any
establishment 
of any
agreement 
and/or 
breach of contract 
.
BUSTED BANKUNITED FAILED ITS BURDEN
10. Here, the
burden
was on
lawfully seized
BankUnited, i.e., the party seeking to
enforce
thelost “
instrument 
”. See § 673.3091(2), Fla. Stat. (2008).
PROVEN INVALIDITY OF RECORD
11. Furthermore here, the
invalidity
had been
proven
in the pleadings, Fla. Stat. § 673.3081(2008).12. A court will not
enforce
an
instrument 
unless the defendant will be adequately protectedagainst future claims on the
lost
 
note
. Perry v. Fairbanks, 888 So.2d 725, 727, (Fla. 5d DCA2004).13. Here,
lawfully seized
BankUnited FSB, did not
have standing 
to
bring 
and/or 
maintain
any
mortgage foreclosure action
against Jennifer Franklin Prescott, because it had proven on therecord that it did not
hold 
any
note
and /or 
mortgage
. Here, said admitted and
known
 
non-
holder 
of any
note
had
no
 
 standing 
to seek any
enforcement 
of the fictitious
note
.
 
“LAWFUL SEIZURE”, FDIC, OF BANKUNITED, FSB’S PROPERTY & NOTES

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