IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT

IN AND FOR COLLIER COUNTY, FLORIDA

BANKUNITED,
as [purported] successor in interest to [failed] BANKUNITED, FSB.,

Plaintiff,

vs. CASE NO.: 09-6016-CA

JENNIFER FRANKLIN-PRESCOTT, et al.

NOTICE OF BANKRUPT BANKUNITED’S SEIZURE

___________________________________________________________________/

F.D.I.C. FAILED BANK INFORMATION IN SUPPORT OF

EMERGENCY DEMAND TO EXTINGUISH FRAUDULENT ACTION

SEIZURE OF BANKRUPT BANKUNITED

1. Bankrupt Bankunited was seized.

2. Bankunited was not entitled to enforce a fictitious note. Here, Bankunited was not any

holder of any note or mortgage at the time it filed suit or any time thereafter. It is

elementary that to be a holder, one must be in possession of the instrument.

3. Here, Bankunited was not any proper party to file suit to foreclose a fictitious un-delivered

lost and/or destroyed instrument.

4. Under Florida law delivery is necessary to validate a negotiable instrument. A lost and/or

destroyed note could not have possibly been delivered.

EMERGENCY AND THREAT OF FURTHER INJURY

5. Known foreclosure fraud is an EMERGENCY. Further injury must be prevented.

NO note – NO default
6. The purported plaintiff did not own or hold any note. No obligation existed. No “default”

could have possibly occurred.

UNKNOWN LOSS OR DESTRUCTION

7. The bankrupt and seized “plaintiff” bank asserted that any “promissory note and mortgage

have been lost or destroyed and are not in the custody or control of Bankunited, and the time

and manner of the loss or destruction is unknown.”

NO instrument, and NO lien

8. Here, there was neither any instrument nor any lien. No property was described.

NO interest, and NO successor in interest

9. Here, Bankunited, FSB, had no interest. Here, Bankunited was not and could not have

possibly been any successor in interest. No sum was due to the bankrupt plaintiff bank.

NO rights and NO standing

10. Here, Bankunited, just like Bankunited, FSB, had no rights and no standing.

NO conditions precedent – FACIALLY FRIVOLOUS ACTION

11. Here, the conditions precedent to the institution of any foreclosure action did not occur and

could not have possibly occurred. Here on its face, the sham action was frivolous.

reestablishment WAS IMPOSSIBLE

12. Here as a matter of law, “reestablishment” was impossible. Here, the falsified “promissory

note and mortgage have been lost or destroyed and are not in the custody or control of

Bankunited, and the time and manner of the loss or destruction is unknown.” See Ch. 71, Fla.

Stat.

PROTECTED HOMESTEAD PROPERTY

13. Franklin Prescott’s property is protected homestead property.

14. As a matter of law, any accounting under a prima facie non-existent note and mortgage was

impossible. The prima facie non-meritorious demand for an accounting was fraudulent.

15. Jennifer Franklin Prescott is not any “married woman”.

16. Jennifer Franklin Prescott is not any Defendant and was not served.

17. Hugh D. Hayes is a named party Defendant.

WHEREFORE, Jennifer Franklin Prescott demands

1. An Order extinguishing the facially non-meritorious action;

2. An Order declaring the lack of any record of any note or mortgage;

3. An Order declaring the lack of any interest by Bankunited;

4. An Order declaring the action without any merit under existing law;

5. An Order enjoining any further fraud and harassment by Bankunited;

6. An Order for sanctions and expenses against said seized and bankrupt bank and its dismissed

and/or fired attorneys at Camner Lipsitz;

7. An Order removing the fired judicial officers with the Camner Lipsitz firm from these

proceedings, and striking their fraudulent pleadings, because they perpetrated record fraud

and fraud on this Court.

________________________
/s/Jennifer Franklin Prescott
Victim of bankrupt Bankunited’s record fraud
Victim of seized Bankunited founder Alfred Camner’s record fraud on this Court

EXHIBIT: F.D.I.C. FAILED BANK INFORMATION

8/12/2010 FDIC: Failed Bank Information - Bank …

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Failed Bank Information

Information for BankUnited, FSB, Coral Gables, FL

I.Introduction
II.Press Release En Español
III.Acquiring Financial Institution
IV. Question and Answer Guide En Español
V. Banking Services
VI. Loan Customers
VII. Possible Claims Against the Failed Institution
VIII. Priority of Claims
IX. Dividend Information
X. Brokered Deposits
XI. Agreements
Purchase and Assumption Agreement (627 kb PDF File - PDF Help)
Addendum to Purchase and Assumption Agreement (104 kb PDF File - PDF Help)
Warrant (1 mb PDF File - PDF Help)
Registration Rights Agreement ( 1 mb PDF File - PDF Help)
XII. BankUnited Contact Information
XIII. Balance Sheet Summary

I. Introduction
On Thursday, May 21, 2009, BankUnited, FSB, Coral Gables, FL was closed by the Office of Thrift
Supervision (OTS) and the Federal Deposit Insurance Corporation (FDIC) was named
Receiver. Subsequent to the closure, BankUnited, a newly chartered federal savings bank, acquired the
assets and most of the liabilities of BankUnited, FSB from the FDIC as Receiver for BankUnited, FSB. No
advance notice is given to the public when a financial institution is closed.

The FDIC has assembled useful information regarding your relationship with this institution. Besides a
checking account, you may have Certificates of Deposit, a car loan, a business checking account, a
commercial loan, a Social Security direct deposit, and other relationships with the institution. The FDIC
has compiled the following information, which should answer many of your questions.

Back to top

II. Press Release

The FDIC has issued a press release (PR-072-2009) about the institution's closure. If you represent a
media outlet and would like information about the closure, please contact David Barr at 202-898-6992.
Back to top

III. Acquiring Financial Institution

All deposit accounts, excluding certain brokered deposits, have been transferred to BankUnited, Coral
Gables, FL ("assuming institution") and will be available immediately. On Friday, May 22, 2009, the
former BankUnited, FSB locations will reopen as branches of BankUnited.

Checks that were drawn on BankUnited, FSB that did not clear before the institution closed will be
honored as long as there are sufficient funds in the account. You may speak to an FDIC representative
regarding deposit insurance by calling: 1-800-451-1093 or visit EDIE the FDIC's Electronic Deposit
Insurance Estimator.

EDIE - FDIC's Electronic Deposit Insurance Estimator

You may withdraw your funds from any transferred account without an early withdrawal penalty until you
enter into a new deposit agreement with BankUnited as long as the deposits are not pledged as collateral
for loans.

Back to top

V. Banking Services
The Automated Teller Machines (ATM) and online service will remain available.

As of Friday, May 22, 2009, you may continue to use the services to which you previously had access,
such as, safe deposit boxes, night deposit boxes, wire services, etc.

Your checks will be processed as usual. All outstanding checks will be paid against your available

fdic.gov/bank/…/bankunited.html 1/3
8/12/2010 FDIC: Failed Bank Information - Bank …
balance(s) as if no change had occurred. Your new bank will contact you soon regarding any changes in
the terms of your account. If you have a problem with a merchant refusing to accept your check, please
contact your branch office. An account representative will clear up any confusion about the validity of your
checks.

All interest accrued through Thursday, May 21, 2009, will be paid at your same rate. BankUnited will be
reviewing rates and will provide further information soon. You will be notified of any changes.

Your automatic direct deposit(s) and/or automatic withdrawal(s) will be transferred automatically to your
new bank. If you have any questions or special requests, you may contact a representative of your
assuming institution at your branch office.

Back to top

VI. Loan Customers

All mortgages and loans have been assumed by BankUnited. The terms of your loan will not change under
the terms of the loan contract, because they are contractually agreed to in your promissory note with the
failed institution. If you are having your payment deducted from your account, it will continue as it has in
the past. Checks should be made payable as usual and sent to the same address. If you have further
questions regarding an existing loan, please contact your loan officer.

For all questions regarding new loans and the lending policies of BankUnited, please contact your branch
office.

Please see A Borrower’s Guide to an FDIC Insured Bank Failure for additional information.

Back to top

VII. Possible Claims Against the Failed Institution

If you or your company provided a service or product, leased space, furniture, or equipment to BankUnited
after Friday May 22, 2009 and have not been paid you do not have a claim against BankUnited. Please
follow your normal billing procedures by providing an invoice as instructed.

Claims against failed financial institutions occur when bills sent to the institution remain unpaid at the time
of failure. If you or your company provided a service or product, leased space, furniture, or equipment to
BankUnited prior to Friday May 22, 2009 and have not been paid you may be entitled to a claim against
the bank. If you provided a product to or a service for BankUnited prior to the bank's failure for which you
have not been paid and you have not received communication, contact:

Federal Deposit Insurance Corporation

Receiver: BankUnited
1601 Bryan Street,
Dallas, TX 75201

Please note: There are time limits for filing a claim, your claim must be filed on or before
08/27/2009.

Back to top

VIII. Priority of Claims

In accordance with Federal law, allowed claims will be paid, after administrative expenses, in the following
order of priority:

1. Depositors
2. General Unsecured Creditors
3. Subordinated Debt
4. Stockholders
Back to top

IX. Dividend Information

No dividends have been declared at this time.

Dividend Information on Failed Financial Institutions

Back to top

X. Brokered Deposits
The FDIC offers a reference guide to deposit brokers acting as agents for their investor clientele. This site
outlines the FDIC's policies and procedures that must be followed by deposit brokers when filing for pass-
through insurance coverage on custodial accounts deposited in a failed FDIC Insured Institution.

Deposit Broker Processing Guide

Back to top

General Disclaimer

fdic.gov/bank/…/bankunited.html 2/3
8/12/2010 FDIC: Failed Bank Information - Bank …

Last Updated 05/20/2010 cservicefdicdal@fdic.gov

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fdic.gov/bank/…/bankunited.html 3/3
12/4/2010 BankUnited Sale May Signal FDIC Shift…

BankUnited Sale May Signal FDIC Shift in

Buyout Rules (Update3)
By Linda Shen and Jonathan Keehner - May 22, 2009 18:53 EDT

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May 22 (Bloomberg) -- WL Ross & Co., Blackstone Group LP and Carlyle Group’s purchase of BankUnited
Financial Corp., the largest U.S. bank to collapse this year, came with a signal from regulators that they may be
willing to let more buyout firms snap up banks as failures soar to a 15-year high.

The Federal Deposit Insurance Corp., citing the interest of private-equity firms in buying banks in receivership,
said yesterday that it will soon provide “policy guidance” for potential investors. Spokesman David Barr declined
to elaborate on the statement.

“What the FDIC is saying is, ‘We see there is a demand out there and we have a need to have as many bidders
as possible and we’re going to develop rules of the road for private equity firms to participate in this process,’”
former FDIC Chairman William Isaac said in an interview today.

Carlyle and Blackstone, the world’s two biggest leveraged buyout firms, are among those considering buying
banks on the cheap after global losses from the credit crisis topped $1.4 trillion. The FDIC in January agreed to
sell IndyMac Bank to private-equity investors after failing for five months to find a buyer among the lender’s
stronger rivals. BankUnited’s winning bidders are injecting $900 million into the Florida lender.

Flagstar Sale

“It is a lot like the IndyMac sale, except the FDIC found a buyer right away,” said Bert Ely, a banking consultant
in Alexandria, Virginia. The BankUnited purchase will cost the FDIC $4.9 billion. IndyMac cost the agency an
estimated $10.7 billion, according to a March statement from the FDIC.

The Office of Thrift Supervision in January cleared MatlinPatterson Global Adviser LLC’s purchase of Flagstar
Bancorp Inc., based in Troy, Michigan. The Federal Reserve has told private-equity companies it won’t permit a
firm that isn’t regulated as a bank to own a majority stake in a lender, even if it walls off its investment in a so-
www.bloomberg.com/apps/news?sid=… 4/9
12/4/2010 BankUnited Sale May Signal FDIC Shift…
called silo deal, according to a Fed lawyer who declined to be identified.

Senator Jack Reed today wrote to regulators including Treasury Secretary Timothy Geithner raising “serious
concerns” about private-equity firms buying banks.

“These activities represent another, particularly dangerous example of regulatory arbitrage whereby institutions
and firms are shopping around a potentially risky activity until they find a regulatory who will allow it,” the Rhode
Island Democrat wrote. Reed leads a Senate Banking subcommittee that oversees the securities industry.

Ex-North Fork CEO

In the case of BankUnited, none of the members of the buyer’s group will hold more than 24.9 percent control,
according to John Kanas, the former North Fork Bancorp chief executive officer who will serve in the same role
at the Florida lender. His group beat out at least one other bid from Goldman Sachs Group Inc. and Toronto-
Dominion Bank.

“We just got a bunch of new capital put into the banking system through this transaction,” Isaac said. “As long as
any potential conflicts of interest are addressed properly, I think it’s healthy.”

Kanas said on a conference call yesterday that he contacted the FDIC to express an interest in buying
BankUnited four months ago. Unlike IndyMac, which was seized in July and not sold for five months,
BankUnited’s seizure and sale took place on the same day. Pasadena, California-based IndyMac was sold to
investors led by Steven Mnuchin, a former Goldman Sachs executive, and including buyout firm J.C. Flowers &
Co.

‘Short Notice’

BankUnited’s acquisition marked “the first time, to my knowledge, that private capital has come in on such short
notice and at such size and begun to run a bank literally the next day,” he said on the call.

Other potential suitors would have instituted “drastic consolidation,” closing branches and eliminating “a great
number of jobs,” Kanas said. He said his group would mostly avoid that and allow management to stay “largely
intact.”

BankUnited, based in Coral Gables, had $8.6 billion of deposits as of March 31 and lost money for three
straight quarters amid surging defaults on option adjustable-rate mortgages.

The FDIC deposit fund is down 64 percent from its peak at the start of the second quarter last year, reflecting
the shutdown of 22 lenders from April through December. Total losses to the regulator’s deposit fund now top
$10 billion, according to data compiled by Bloomberg.

FDIC’s Fee

The FDIC voted 4-1 today to impose a fee of 5 cents per $100 of assets, excluding Tier 1 capital, backing away
from a proposal of 20 cents per $100 of insured deposits. The fee will rebuild the fund that started the year at
$18.9 billion, the lowest since 1994’s first quarter.

BankUnited joined 33 banks that have been seized since January. The lender had assets of $12.8 billion as of
May 2, according to the FDIC, and its 86 offices will be open today during normal business hours.

BankUnited’s fiscal second-quarter loss probably rose to $443.1 million, or $12.55 a share, from a loss of

www.bloomberg.com/apps/news?sid=… 5/9
12/4/2010 BankUnited Sale May Signal FDIC Shift…
$65.8 million, or $1.88, a year earlier, the company said in a May 12 regulatory filing. Loans no longer collecting
interest rose to 18 percent of total loans from 14 percent in December.

Bank of America Corp. and Skadden Arps Slate Meagher & Flom LLP advised Kanas and the investor group.
Simpson Thacher & Bartlett LLP counseled Blackstone, Carlyle, and Centerbridge, and Wachtell Lipton Rosen
& Katz counseled Ross.

To contact the reporters on this story: Jonathan Keehner in New York at jkeehner@bloomberg.net; Linda Shen
in New York at Lshen21@bloomberg.net.

To contact the editor responsible for this story: Alec D.B. McCabe in New York at amccabe@bloomberg.net.

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