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Mandatory Cancellation of 02/22/2011 Hearing ...

Mandatory Cancellation of 02/22/2011 Hearing ...

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Published by Albertelli_Law
"BankUnited" Foreclosure Fraud, Albertelli Foreclosure Mill
"BankUnited" Foreclosure Fraud, Albertelli Foreclosure Mill

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Published by: Albertelli_Law on Feb 20, 2011
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07/12/2013

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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUITIN AND FOR COLLIER COUNTY, FLORIDA
BANKUNITED,
non-
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
. _________________________________________________________________________/
 
CANCELLATION OF HEARING UNDER COURT’S
 POLICIES & PROCEDURES 
 IN DISPOSED CASE (NOTICE)EMERGENCY WRITTEN DEMAND TO CANCEL
 HEARIN
IN DISPOSED CASEAS REQUIRED UNDER THE
 RULES & PROCEDURES 
 FROM
: Jennifer Franklin-Prescott, “
 BankUnited 
” fraud victim
CERTIFIED DELIVERIESThe Honorable Daniel R. Monaco
The Hon. Hugh D. Hayes, “
 Disposition Judge
Circuit Court Judges, Twentieth Judicial CircuitJudicial Assistants Karen / JanCollier County Government Complex3301 Tamiami Trail East Naples, Florida 34112Phone: 239.774.8118; 239.252.8119;
Fax
:
239.252.8870
; 239.775.5538; 239.774.9654; 239-252-8020
Email:dmonaco@ca.cjis20.org
,
 jmetcalfe@ca.cjis20.org,hhayes@ca.cjis20.org
 
RE:CANCELLATION
of unlawful
hearing 
in
disposed
wrongful foreclosure case
09-6016-CA
 BANKUNITED
” v. FRANKLIN-PRESCOTT, JENNIFER 
DISPOSED
CASE NO. 09-6016-CA;
DISPOSITION
JUDGE HAYES, HUGH D.UNAUTHORIZED “
02/22/11 HEARING
” [AMENDED TO 02/14/11 & CANCELLED]
 
08/12/2010 DISPOSITION FOR LACK OF “
 BANKUNITED’S 
 STANDING 
 
1.
 Disposition Judge
” Hayes had
disposed
of this prima facie
frivolous
action on
08/12/2010
 for 
record
 
lack 
of any “
 BankUnited 
 standing 
and
interest 
.
 
 BANKUNITED
” WAS NOT
 ENTITLED
TO ANY
 HEARIN
 
 
 22.
 BankUnited 
” has had no
right to sue
and/or 
 schedule any hearing 
. Here, Jennifer Franklin-Prescott did not
owe any
 
debt 
to
 plaintiff BankUnited 
” pursuant to the evidence on file inthis
disposed
wrongful action. The record and evidence never 
identified 
 BankUnited 
”.
 
AFTER DISPOSITION THE
 MOTION
WERE MOOT
3. After the
08/12/2010 DISPOSITION
, the “
 Motion to Dismiss
” was
MOOT
.
 BANKUNITED
” KNEW/CONCEALED THAT IT LACKED ANY
 STANDING 
 
4.
 Plaintiff BankUnited 
” was not any “
creditor 
” in the
disposed
 
wrongful action
.5. Here, undersigned “
Camner Lipsitz, PA
”, and/or founder of 
bankrupt
and
defunct
 
 BankUnited, FSB
”, Alfred Camner, Esq., “
represented the interest of the plaintiff [BankUnited]
”. See facially frivolous and insufficient Complaint. “
 BankUnited 
” had
fraudulently
alleged in the Complaint (¶ 16, Count II) that “
 plaintiff 
” [“
 BankUnited 
”]
ownsand holds the note and mortgage
.”6. The purported
note
and/or 
mortgage
within the four corners of the
disposed
complaint didnot
identify
 BankUnited 
” as a “
lender 
”.
 
 BANKUNITED
” AND/OR “
 ALBERTELLI LAW 
” DECEIVED THE COURT
7. Here,
 BankUnited 
” and/or “
 Albertelli Law
” perpetrated
fraud on the Court
, because
afterdisposition
in the
record
 
absence
of any “
 BankUnited 
note
,
 BankUnited 
falselypretended
 
entitlement 
to the “
hearing 
” of a
MOOT
 Motion to Dismiss / Enjoin
”.
 
“… it is the responsibility of the lawyers to keep the judge's office informed. Our office cannot possibly call all the lawyers on a trial docket to check the status of eachcase prior to trial.
PLEASE let us know when you have settled or otherwisedisposed of your case.
Please cancel your trials and hearings.”
 
 BANKUNITED’S 
” SANCTIONABLE CONDUCT AND FRAUD
8. Here, “BankUnited”
failed
to
comply
with the Rules …
PLEASE READ THE "GENERAL RULES AND REQUIREMENTS" ANDENSURE THAT YOUR ATTORNEY HAS BOTH READ ANDUNDERSTANDS THE "GENERAL RULES AND REQUIREMENTS" ANDTHE "STANDARDS OF PROFESSIONAL COURTESY AND CONDUCT."The Standards of Professional Courtesy and Conduct govern scheduling,hearings, motion practice, submissions to the Court, etc. and may be found atwww.ca.cjis20.org/pdf/ao_2_20.pdf  
 
FAILURE TO COMPLY WITH THE RULES, REQUIREMENTS, AND
 
STANDARDS MAY RESULT IN IMPOSITION OF SANCTIONS AND THEMATTER NOT BEING HEARD”
 See Judicial “
Office Policies and Procedures
”.
ARBITRARY & CAPRICIOUS SCHEDULING OF UNAUTHORIZED
 HEARIN
 
9.
Arbitrary
,
ambiguous
, and/or 
unlawful
acts undermine the authority of this Court. Here,
violations
of this Court’s “OFFICE POLICES AND PROCEDURES” in favor of crooked bank lawyers threatened the integrity of the Court.
 
COURT ADMINISTRATION MUST CANCEL UNAUTHORIZED
02/22/11 HEARING 
 VIOLATIONS OF “
OFFICE POLICIES & PROCEDURES 
” IN DISPOSED CASE
10. All motions other than MSJ and DJ will be
CANCELLED
by Court Administration. In this
disposed
action, “
 Motions to Dismiss / Enjoin
” were scheduled without any authority.
 
 3
Only hearings for Summary and Default Judgments may be scheduled on the
 
Tuesday, Wednesday and Thursday dockets before Judge Daniel Monaco. Thesetimeslots will be in 5 minute increments. ( 
 DO NOT schedule any other kind of motions on this docket 
.)
 All motions other than MSJ and DJ will be cancelled byCourt Administration
. No additional motions will be heard with theSummary/Default Judgments before Judge Monaco
.”See “
OFFICE POLICIES AND PROCEDURE 
,
Senior Judge Foreclosure, Collier CountyClerk of Court 
.
MANDATORY CANCELLATION FOR LACK OF
 SERVIC
IN DISPOSED ACTION
 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. Theoriginal notice must be timely filed with the Clerk of Court 
.” Id.11. Here accordingly, “
 BankUnited 
” was not
entitled 
to
 sue
nor to any
hearing 
and did not
 serve
 any “
timely notice
of hearing 
on Jennifer Franklin-Prescott as also conclusively evidenced by the Clerk’s 02/18/2011 Docket.
UNAUTHORIZED ATTORNEY “ANDREW LEE FIVECOAT”, ESQ.
12. “Andrew Lee Fivecoat” had no
authority
to schedule any
hearing 
in said
disposed wrongfulforeclosure action
. Here, Fivecoat knew and/or fraudulently concealed that “
 BankUnited 
had no
 standing 
and that the exhibits on file conclusively evidenced that “
 BankUnited 
” wasnot
identified 
as “
lender 
” and was not any
note holder 
and/or 
owner 
.
 
PRIMA FACIE FRIVOLITY IN THE ABSENCE OF ANY “
 BANKUNITED
 NOTE 
 
13. Professor Stephen Gillers, an expert in legal ethics at New York University, believes that
theinvolvement of lawyers in questionable transactions could damage the overall reputation of the legal profession
, “
which does not fare well in public opinion
throughout history
:
When the consequence of a lawyer plying his trade is the loss of someone’s home,and it turns out there are documents being given to the courts that have
no basis inreality
 , the profession gets a very big black eye
,” Gillers said.See New York Times, “
 Judges Berate Bank Lawyers in Foreclosures
”.
 
FIVECOAT CONCEALED PRIMA FACIE NULLITY OF PURPORTED
 NOTE 
 
14. Here, Fivecoat knew that the complaint in this
disposed
action had been “
incredible,outrageous, ludicrous and disingenuous
”, because no
note
had been properly executed andno
note
and/or 
instrument 
transferred 
” from
bankrupt
and
lawfully seized
 BankUnited, FSB
”, to the “
 F.D.I.C.
”, and/or “
 BankUnited 
”.
Disgraced
founder of 
defunct
 BankUnited, FSB
”, Alfred Camner, Esq., and/or Camner Lipsitz, PA, had filed the
facially frivolous
 complaint on 07/09/2009.
 
A. L. FIVECOAT, ESQ., LACKS
 AUTHORITY 
 15. Here, A. L. Fivecoat has lacked any
authority
to appear. Fivecoat knew/concealed that bankrupt “
 BankUnited, FSB
” is not any
 party
to this
disposed
action.

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