IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA BANKUNITED, as [purported] successor

in interest to [lawfully seized] BANKUNITED, FSB., purported plaintiff(s), vs. 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 DISPOSED CASE NO.: 09-6016-CA

3. 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 lawfully seized 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 on 08/12/2010. 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

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Statutes. 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” bankrupt Bank 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 total debts 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

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12. Here concededly, BankUnited could not (re)establish any lost/destroyed note. See Complaint and case law on file. Here expressly, BankUnited had stated that it could not possibly (re) establish any note, because it knew that it could not determine: a. WHEN the purported note was lost and/or destroyed ? b. WHO had lost/destroyed the purported note ? Furthermore, if the holder of an instrument destroys it, he thereby forgives and discharges any debt and may not maintain an action. See District of Columbia v. Cornell, 130 US 655, 32 L ed 1041, 9 S Ct 694. FRIVOLOUS ACTION IN THE ADMITTED ABSENCE OF ANY NOTE 13. Therefore here under Florida law, “plaintiff(s)’” action was facially frivolous. Because seized BankUnited knew that it could not possibly (re) establish the lost/destroyed note/ instrument, the bankrupt bank: a. Had no right to sue J. Franklin-Prescott; no standing; and no cause of action; b. Could not possibly satisfy the condition precedent to sue Prescott; c. Had no right to said hearing and attorney’s fees. See case law on file. BANKUNITED FAILED TO PREVAIL IN DISPOSED & FRIVOLOUS action 14. In the admitted absence of any note, BankUnited was not entitled to any attorney’s fees and hearing in this disposed fraudulent action. BANKUNITED WAS NOT ENTITLED TO ANY ATTORNEY’S FEES 15. Here, the electronic docket showed, e.g.: a. Fraudulently claimed “attorney’s fees”; b. Serena Kay Paskewicz’, Esq., lack of any authority to represent seized BankUnited, FSB. NO “EVENT”/HEARING PURSUANT TO CLERK’S E-DOCKET 16. Here on 12/02/2010, Prescott had reviewed the Clerk’s electronic docket while abroad and on her way to Australasia. Here, the Clerk’s electronic docket did not show any “event”.

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See attached docket print out. “Erin M. Rose, Esq.” IS NOT ANY “co-counsel” – PASKEWICZ, ESQ. UNAUTHORIZED 17. Here after the lawful seizure of bankrupt BankUnited, FSB, “Erin M. Rose, Esq.” is not any “co-counsel”. Absent any possibility to establish the lost note, S. Kay Paskewicz, Esq. and Camner Lipsitz (BankUnited founder Alfred Camner) were fired and no longer authorized to appear on behalf of BankUnited and not entitled to any attorney’s fees.

NO record address 18. Here, the electronic docket does not show any “address”, and Jennifer Franklin-Prescott was not noticed and/or served any a. “notice of hearing”; b. “affidavit”; and “notice of filing”. No address to send anything to existed. See attachment.

ANY service and hearing WAS LEGALLY IMPOSSIBLE 19. In the record absence of any address and possibility to (re) establish any note, Prescott could not have possibly been “served” and obligated to pay any “attorney’s fees”. PRESCOTT’S ABSENCE & UNAVAILABILITY 20. J. Franklin Prescott is abroad, on her way to Australasia, and could not possibly appear. Prescott had her recent pleadings delivered to the Clerk, Disposition Judge, and parties. See attached Certificates and Records.

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WHEREFORE, Jennifer Franklin-Prescott respectfully demands 1. An Order quieting title in the record absence of any original note/instrument & transfer and after lawful seizure of said bankrupt bank; 2. An Order taking judicial notice of said a. Unknown loss and/or destruction of purported note / instrument; b. Unknown transfer; c. 08/12/2010 disposition by Disposition Judge Hugh D. Hayes; d. Section 673.3091, Fla. Stat.; e. Section 90.953, Fla. Stat.; f. Said case law and State Street Bank v. Lord, 851 So.2d 790 (Fla. 4 Dist. 2003). 3. An Order canceling said unauthorized hearing in this frivolous, fraudulent, and hence disposed action; 4. An Order restraining “plaintiff(s)” from extorting “attorney’s fees” in the absence of any cause of action and interest and because of the absolute impossibility to establish any note; 5. An Order declaring Jennifer Franklin-Prescott’s record title to the subject property free and clear, because of said conceded and absolute impossibility to establish any instrument/note. /s/Jennifer Franklin-Prescott, foreclosure fraud victim ATTACHMENTS (12/02/2010) • • • • • Docket as of 12/02/2010 “Events” pursuant to Docket § 673.3091, Fla. Stat., Enforcement of lost, destroyed, or stolen instrument. State Street Bank v. Lord, 851 So.2d 790 (Fla. 4 Dist. 2003) Certificates of Deliveries to Clerk, Disposition Judge, Albertelli Law

By Certified Facsimile and Delivery to Clerk of Court, Dwight E. Brock & Disposition Judge. By Rush Messenger Service West, Inc., 12/03/2010.

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From: MyFax Free <myfaxfree@myfax.com> To: Jennifer Franklin-Prescott <bhtjw@aol.com> Subject: MyFax Notification - Fax Sent Successfully Date: Fri, Dec 3, 2010 9:32 am

Dear Jennifer Franklin-Prescott: Your fax to Dwight E. Brock at +1 (239) 252-8020 has been successfully sent: Your fax was delivered at 12/3/2010 3:31:26 PM, and contained 7 page(s). Thank you for choosing MyFax, The MyFax Team http://www.myfax.com

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CERTIFIED INTERNATIONAL DELIVERY Hon. Hugh D. Hayes “Disposition Judge”; Disposed Case # 09-6016-CA Style: [SEIZED] BANKUNITED vs. JENNIFER FRANKLIN-PRESCOTT T: 239.252.8116 Fax: 239.774.9654 [www.MYFAX.COM] E-Mail: hhayes@ca.cjis20.org ID Number: 160093 Collier County Government Complex 3301 Tamiami Trail East Naples, Florida 34112-4961 United States Phone: 239.252.8116 Fax: 239.774.9654 E-Mail: hhayes@ca.cjis20.org Certificate of International Delivery: www.scribd.com RE: MOTIONS, NOTICE, Disposed Case # 09-6016-CA BY RUSH MESSENGER SERVICE F: 001-239-498-6727; D., AMEXPRESS

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Dear Jennifer Franklin-Prescott: Your fax to HUGH D. HAYES, HON. JUDGE at +1 (239) 774-9654 has been successfully sent: Your fax was delivered at 12/3/2010 4:36:02 PM, and contained 10 page(s). Thank you for choosing MyFax, The MyFax Team http://www.myfax.com

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Von: Simone Leite <simone@albertellilaw.com> An: 'jrbu@aol.com' <jrbu@aol.com>; Andrew Fivecoat <afivecoat@albertellilaw.com>; Nicole Reed <nreed@albertellilaw.com>; TerserBaron <tbaron@albertellilaw.com>; Jonathan Sawyer <jsawyer@albertellilaw.com>; Jim Albertelli <jalbertelli@albertellilaw.com>; erose@albertellilaw.com <erose@albertellilaw.com> Thema: RE: TO Dwight E. Brock from J. Franklin-Prescott, Disposed Case # 09-6016-CA Datum: Fr., 3. Dez. 2010, 13:32

Andy, Did you see this…? Simone
From: jrbu@aol.com [mailto:jrbu@aol.com] Sent: Friday, December 03, 2010 1:28 PM To: Andrew Fivecoat; Simone Leite; Nicole Reed; Terser Baron; Jonathan Sawyer; Jim Albertelli; erose@albertellilaw.com Subject: TO Dwight E. Brock from J. Franklin-Prescott, Disposed Case # 09-6016-CA

-----Ursprüngliche Mitteilung----Von: bhtjw@aol.com An: Dwight.Brock@collierclerk.com; darlene.muszynski@collierclerk.com; Collierclerk@collierclerk.com; Jill.Lennon@collierclerk.com; hhayes@ca.cjis20.org; BHTJW@aol.com Verschickt: Fr., 3. Dez. 2010, 12:56 Thema: TO Dwight E. Brock from J. Franklin-Prescott, Disposed Case # 09-6016-CA

-----Original Message----From: bhtjw@aol.com To: BHTJW@aol.com Sent: Fri, Dec 3, 2010 11:50 am Subject: TO Dwight E. Brock from J. Franklin-Prescott, Disposed Case # 09-6016-CA

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PAID DELIVERY ORDER, 12/03/2010 TO: RUSH MESSENGER SERVICE WEST, INC. F: 001-239-498-6727; D. [AMEXPRESS] FROM: Jennifer Franklin Prescott bhtjw@aol.com DELIVERY TO COLLIER COUNTY CLERK OF COURT, CIVIL, 3rd Floor Naples Courthouse, Annex CLERK of Collier County Court, 3rd FLOOR, CIVIL Collier County Government Complex 3301 Tamiami Trail East NAPLES COURTHOUSE Naples, Florida 34112 United States After delivery, please e-mail first page of document stamped by Clerk to: bhtjw@aol.com MOTION TO CANCEL UNAUTHORIZED hearing IN DISPOSED ACTION; and MOTION FOR JUDICIAL NOTICE OF § 673.3091, CH. 90, FLA. STAT, AND State Street Bank v. Lord, 851 So.2d 790 (Fla. 4 Dist. 2003) NOTICE OF NO hearing notification, service, AND “event” PURSUANT TO E-DOCKET

CERTIFICATES OF SERVICE INTERNATIONAL CERTIFIED MAIL INTERNATIONAL RETURN RECEIPT # RK680885168DE US 82061648 1274 041210 1203 Clerk of Court Dwight E. Brock Collier County Courthouse 3301 Tamiami Trail East Naples, Florida 34112 United States Disposition Judge Hugh D. Hayes; Case # 112009CA0060160001XX; Style: BANKUNITED vs FRANKLIN-PRESCOTT, JENNIFER BANKUNITED FORECLOSURE FRAUD

12/4/2010

Uniform Commercial Code - Article 3

§ 3-306. CLAIMS TO AN INSTRUMENT.
A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument.

§ 3-307. NOTICE OF BREACH OF FIDUCIARY DUTY.
(a) In this section: (1) "Fiduciary" means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to an instrument. (2) "Represented person" means the principal, beneficiary, partnership, corporation, or other person to whom the duty stated in paragraph (1) is owed. (b) If (i) an instrument is taken from a fiduciary for payment or collection or for value, (ii) the taker has knowledge of the fiduciary status of the fiduciary, and (iii) the represented person makes a claim to the instrument or its proceeds on the basis that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply: (1) Notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented person. (2) In the case of an instrument payable to the represented person or the fiduciary as such, the taker has notice of the breach of fiduciary duty if the instrument is (i) taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary, (ii) taken in a transaction known by the taker to be for the personal benefit of the fiduciary, or (iii) deposited to an account other than an account of the fiduciary, as such, or an account of the represented person. (3) If an instrument is issued by the represented person or the fiduciary as such, and made payable to the fiduciary personally, the taker does not have notice of the breach of fiduciary duty unless the taker knows of the breach of fiduciary duty. (4) If an instrument is issued by the represented person or the fiduciary as such, to the taker as payee, the taker has notice of the breach of fiduciary duty if the instrument is (i) taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary, (ii) taken in a transaction known by the taker to be for the personal benefit of the fiduciary, or (iii) deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.

§ 3-308. PROOF OF SIGNATURES AND STATUS AS HOLDER IN DUE COURSE.
(a) In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under Section 3-402(a). (b) If the validity of signatures is admitted or proved and there is compliance with subsection (a), a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under Section 3-301, unless the defendant proves a
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12/4/2010

Uniform Commercial Code - Article 3 unless the purchaser is a converter under subsection (c) or has notice or knowledge of breach of fiduciary duty as stated in subsection (d).

(f) In an action to enforce the obligation of a party to pay the instrument, the obligor has a defense if payment would violate an indorsement to which this section applies and the payment is not permitted by this section.

§ 3-207. REACQUISITION.
Reacquisition of an instrument occurs if it is transferred to a former holder, by negotiation or otherwise. A former holder who reacquires the instrument may cancel indorsements made after the reacquirer first became a holder of the instrument. If the cancellation causes the instrument to be payable to the reacquirer or to bearer, the reacquirer may negotiate the instrument. An indorser whose indorsement is canceled is discharged, and the discharge is effective against any subsequent holder.

PART 3. ENFORCEMENT OF INSTRUMENTS [Table of Contents]
§ 3-301. PERSON ENTITLED TO ENFORCE INSTRUMENT.
"Person entitled to enforce" an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section 3-309 or 3-418(d). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.

§ 3-302. HOLDER IN DUE COURSE.
(a) Subject to subsection (c) and Section 3-106(d), "holder in due course" means the holder of an instrument if: (1) the instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and (2) the holder took the instrument (i) for value, (ii) in good faith, (iii) without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series, (iv) without notice that the instrument contains an unauthorized signature or has been altered, (v) without notice of any claim to the instrument described in Section 3-306, and (vi) without notice that any party has a defense or claim in recoupment described in Section 3-305(a). (b) Notice of discharge of a party, other than discharge in an insolvency proceeding, is not notice of a defense under subsection (a), but discharge is effective against a person who became a holder in due course with notice of the discharge. Public filing or recording of a document does not of itself constitute notice of a defense, claim in recoupment, or claim to the instrument. (c) Except to the extent a transferor or predecessor in interest has rights as a holder in due course, a person does not acquire rights of a holder in due course of an instrument taken (i) by legal process or by purchase in an execution, bankruptcy, or creditor's sale or similar proceeding, (ii) by purchase as part of a bulk transaction not in ordinary course of business of the transferor, or (iii) as the successor in interest to an estate or other organization. (d) If, under Section 3-303(a)(1), the promise of performance that is the consideration for an instrument has been partially performed, the holder may assert rights as a holder in due course of the instrument only to the fraction of the amount payable under the instrument equal to the value of the partial performance divided by the value of the promised www.law.cornell.edu/ucc/3/article3.htm

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12/4/2010

Uniform Commercial Code - Article 3 defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that the plaintiff has rights of a holder in due course which are not subject to the defense or claim.

§ 3-309. ENFORCEMENT OF LOST, DESTROYED, OR STOLEN INSTRUMENT.
(a) A person not in possession of an instrument is entitled to enforce the instrument if: (1) the person seeking to enforce the instrument (A) was entitled to enforce it the instrument when loss of possession occurred, or (B) has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred; (2) the loss of possession was not the result of a transfer by the person or a lawful seizure; and (3) the person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process. (b) A person seeking enforcement of an instrument under subsection (a) must prove the terms of the instrument and the person's right to enforce the instrument. If that proof is made, Section 3-308 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.

§ 3-310. EFFECT OF INSTRUMENT ON OBLIGATION FOR WHICH TAKEN.
(a) Unless otherwise agreed, if a certified check, cashier's check, or teller's check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have as an indorser of the instrument. (b) Unless otherwise agreed and except as provided in subsection (a), if a note or an uncertified check is taken for an obligation, the obligation is suspended to the same extent the obligation would be discharged if an amount of money equal to the amount of the instrument were taken, and the following rules apply: (1) In the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check. (2) In the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the payment. (3) Except as provided in paragraph (4), if the check or note is dishonored and the obligee of the obligation for which the instrument was taken is the person entitled to enforce the instrument, the obligee may enforce either the instrument or the obligation. In the case of an instrument of a third person which is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation.
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Uniform Commercial Code - Article 3

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UCC: uniform commercial code

U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS
PART 1. GENERAL PROVISIONS AND DEFINITIONS [Table of Contents]
§ 3-101. SHORT TITLE.
This Article may be cited as Uniform Commercial Code -- Negotiable Instruments.

§ 3-102. SUBJECT MATTER.
(a) This Article applies to negotiable instruments. It does not apply to money, to payment orders governed by Article 4A, or to securities governed by Article 8. (b) If there is conflict between this Article and Article 4 or 9, Articles 4 and 9 govern. (c) Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve Banks supersede any inconsistent provision of this Article to the extent of the inconsistency.

§ 3-103. DEFINITIONS.
(a) In this Article: (1) "Acceptor" means a drawee who has accepted a draft. (2) "Consumer account" means an account established by an individual primarily for personal, family, or household purposes. (3) "Consumer transaction" means a transaction in which an individual incurs an obligation primarily for personal, family, or household purposes. (4) "Drawee" means a person ordered in a draft to make payment. (5) "Drawer" means a person who signs or is identified in a draft as a person ordering payment.
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effectual in law or equity, against creditors or subsequent purchasers, for a valuable consideration, and without notice, unless the assignment is contained in a document that, in its title, indicates an assignment of mortgage and is recorded according to law. (2) This section also applies to assignments of mortgages resulting from transfers of all or any

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part or parts of the debt, note or notes secured by mortgage, and none of same is effectual in law or in equity against creditors or subsequent purchasers for a valuable consideration without notice, unless a duly executed assignment be recorded according to law. (3) Any assignment of a mortgage, duly executed and recorded according to law, purporting to assign the principal of the mortgage debt or the unpaid balance of such principal, shall, as against subsequent purchasers and creditors for value and without notice, be held and deemed to assign any and all accrued and unpaid interest secured by such mortgage, unless such interest is specifically and

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affirmatively reserved in such an assignment by the assignor, and a reservation of such interest or any part thereof may not be implied. (4) Notwithstanding subsections (1), (2), and (3) governing the assignment of mortgages, chapters 670-680 of the Uniform Commercial Code of this state govern the attachment and perfection

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of a security interest in a mortgage upon real property and in a promissory note or other right to payment or performance secured by that mortgage. The assignment of such a mortgage need not be recorded under this section for purposes of attachment or perfection of a security interest in the mortgage under the Uniform Commercial Code. (5) Notwithstanding subsection (4), a creditor or subsequent purchaser of real property or any interest therein, for valuable consideration and without notice, is entitled to rely on a full or partial release, discharge, consent, joinder, subordination, satisfaction, or assignment of a mortgage upon such property made by the mortgagee of record, without regard to the filing of any Uniform Commercial Code financing statement that purports to perfect a security interest in the mortgage or in a promissory note or other right to payment or performance secured by the mortgage, and the filing of any such financing statement does not constitute notice for the purposes of this section. For the purposes of this subsection, the term “mortgagee of record” means the person named as the mortgagee in the recorded mortgage or, if an assignment of the mortgage has been recorded in accordance with this section, the term “mortgagee of record” means the assignee named in the recorded assignment.
History .—s. 1, ch. 6909, 1915; RGS 3841; CGL 5744; s. 13, ch. 20954, 1941; s. 2, ch. 89-41; s. 20, ch. 2005-241.

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