Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
5Activity
0 of .
Results for:
No results containing your search query
P. 1
Notice & Motion to Quiet Title - Albertelli Foreclosure Mill

Notice & Motion to Quiet Title - Albertelli Foreclosure Mill

Ratings: (0)|Views: 1,322|Likes:
Published by BANKUNITED_FRAUD
BANKUNITED FORELCOSURE FRAUD
BANKUNITED FORELCOSURE FRAUD

More info:

Published by: BANKUNITED_FRAUD on Dec 05, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

11/12/2013

pdf

text

original

 
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(s)
,vs.
DISPOSED CASE NO.: 09-6016-CA
JENNIFER FRANKLIN-PRESCOTT,
et al 
., purported
defendants
. ___________________________________________________________________/
 
NOTICE OF FRAUD & LOSS AND/OR DESTRUCTION OF PURPORTED
note
 MOTION TO QUIET TITLE IN THE RECORD ABSENCE OF ANY
note
/
instrument 
 
 
AND TO CANCEL FRAUDULENT AND UN-NOTICED & UNAUTHORIZED
hearing 
 IN DISPOSED AND FRIVOLOUS ACTION BY SEIZED & BANKRUPT BANK [State Street Bank v. Lord, 851 So.2d 790 (Fla. 4 Dist. 2003)]COMPLAINT OF LOST / DESTROYED
note
/
instrument 
 
1.
 Plaintiff 
” lawfully seized
and
bankrupt
bank asserted a
lost and/or destroyed
 
note
/
instrument 
. See Complaint by
fired
Counsel Camner Lipsitz (Alfred Camner, founder of 
bankrupt
and
seized
BankUnited, FSB).
ABSOLUTE IMPOSSIBILITY OF
enforcement of lost/destroyed note/instrument 
 
2. A person not
in possession of an instrument 
is not
entitled to enforce the instrument 
if the
loss and/or destruction
was the result of a
lawful seizure
, § 673.3091, Fla. Stat.,
 Enforcement of 
lost 
 ,
destroyed 
 , or stolen instrument 
. Here “
 plaintiff 
bankrupt
bank was
lawfully seized
and
knew
that it could not possibly
enforce
the
admittedly
 
lost
/
destroyed
 
note
and/or 
instrument 
.
NO NOTICE OF ANY
transfer 
OF LOST / DESTROYED
note
and/or
instrument 
 
 
 23. Here, the
 plaintiff 
bankrupt
and
lawfully seized
bank did not
 give any notice
of any
transfer 
of the
lost
and/or 
destroyed
 
note
/
instrument 
. Here, the F.D.I.C. had
lawfullyseized
 
bankrupt
BankUnited, FSB.
RECORD LACK OF ANY EVIDENCE OF ANY
original 
 
note
and/or
instrument 
 
4. Here pursuant to
 plaintiff(s)’ 
 
own complaint
and
assertions
 
of record
, the purported
note
 and/or 
instrument 
was
lost/destroyed
in an
unknown manner
and
at an unknown time
.Therefore, “
 plaintiff(s)
” could not have
 possibly
had any
cause of action
,
interest 
,
 standing 
,and
right to sue
Jennifer Franklin Prescott. Accordingly, this Case had been
disposed
.
 
WHAT IS GOING ON?
- DISPOSITION OF FRIVOLOUS
action
IN AUGUST 2010
5.
 Disposition Judge Hugh D. Hayes
” had
disposed
the
facially non-meritorious
 
action
on08/12/2010. See docket.
 
SEIZURE OF BANKRUPT BANKUNITED, FSB & LOSS/DESTRUCTION OF
note
 
6. Here, purported
 plaintiff(s)
” and BankUnited, FSB,
knew
that said
defunct
bank had been
lawfully seized
 
(F.D.I.C.)
and could not have
 possibly
 
(re) established 
any admittedly
lost
 and/or 
destroyed
 
note
under Florida law. See
State Street Bank v. Lord
 ,
851 So.2d 790(Fla. 4 Dist. 2003); and Federal and F.D.I.C. BankUnited
seizure
reports on file.
LOSS OF PURPORTED
note
WAS RESULT OF LAWFUL SEIZURE
7. Here, the
 plaintiff(s)
” had
conceded “
unknown
 
loss
and/or 
destruction
of the purported
note
”, which “
was the result of a
lawful seizure
” (F.D.I.C.), Section
673.3091
, Florida
 
 3Statutes. See also §
90.953
, Fla. Stat. Therefore, “
 plaintiff 
knew
that it could not have
 possibly
 
met 
the requirements to
(re) establish
a
lost
/
destroyed
/
stolen
 
note
under the law.
BANKRUPT BANKUNITED WAS NOT ENTITLED TO ANY
action
&
attorney’s fees
 
8. Here, the
 plaintiff(s)
lawfully seized and bankrupt bank 
 
failed
to, e.g.:a.
 present 
the purported original
 promissory note
; and/or  b.
 give
any
 satisfactory explanation
for its
admitted failure
to do so.Here,
no
exceptions
applied
or could have
 possibly
applied, because the
unauthorized
 
 plaintiff 
could not
 satisfy
the requirements of 
§ 673.3091(1)(b)
. Therefore, BankUnited had No
right to sue
; and No
right to collect any attorney’s fees
.
SEIZED BANK DID NOT
know time
& manner of LOSS/DESTRUCTION
9. Because here admittedly,
lawfully seized
BankUnited did not even
know
 
WHO
had
lost/destroyed
the purported
note
 
WHEN 
and
 HOW 
, no
 satisfactory explanation
was ever given or could have
 possibly
been given. Therefore here, said “
lawfully
 
seized” bankruptBank 
was not
entitled 
to any
action
,
attorney’s fees
, and “
hearing 
”.
BANKUNITED BANKRUPTCY & LAWFUL SEIZURE PROHIBIT ANY
hearing 
 10. Here, “
 plaintiff 
” had no
cause of action
. BankUnited Financial had filed for protection under 
Chapter 11
of the Federal
bankruptcy
code, listing total assets of $37.7 million and
totaldebts of $559.7 million
. Here, shareholders and other stakeholders were wiped out.
SEIZED BANKUNITED HAD NO
 RIGHT TO SUE 
PRESCOTT
11. Here in the absence of any
note
and after said bank 
seizure
, BankUnited had no
right to sue
 Jennifer Franklin Prescott and demand a
hearing 
as to
fraudulent
 
attorney’s fees
.
BANKUNITED COULD NOT
(RE)ESTABLISH 
ANY
 
LOST/DESTOYED
NOTE 
 

Activity (5)

You've already reviewed this. Edit your review.
1 thousand reads
1 hundred reads
saturday3 liked this
Ren liked this
puretrust liked this

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->