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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA BANKUNITED, as [purported] successor in interest to [SEIZED] BANKUNITED, FSB., purported “plaintiff”, vs. DISPOSED CASE NO.: 09-6016-CA JENNIFER FRANKLIN-PRESCOTT, et al. NOTICE OF LACK OF JURISDICTION ___________________________________________________________________________/ NOTICE OF SERVICE OF NOTICE OF DISPOSITION AND NON-CONSENT (J.F.P.) TO ANY magistrate/hearing UPON THE ALLEGED MAGISTRATE, AT MAGISTRATE’S OFFICE, 5th FLOOR, AND ANTONIOJ. PEREZ-BENITOA’S OFFICE 1. NOTICE IS HEREBY GIVEN of Jennifer Franklin Prescott’s service of NOTICE OF DISPOSITION AND NON-CONSENT upon the magistrate and/or Antonio J. Perez-Benitoa at: a. Magistrate’s Office Naples Courthouse 5th Floor Naples, FL 34112, T: 252-8331, and b. Antonio J. Perez-Benitoa, P.A. 900 Sixth Avenue South Suite 303 Naples, Florida 34102 Telephone: 239-430-1884 Fax: 239-30-1885 http://www.tonypblaw.com 2. Jennifer Franklin Prescott, record holder of unencumbered title to the subject property [address: 25 6th ST North, Naples, Florida 34102] does not consent and objected to any referral to any magistrate, hearing officer, and/or “special master”, Rule 1.490, Florida Rules of Civil Procedure. JENNIFER FRANKLIN PRESCOTT’S OBJECTIONS TO ANY magistrate 3. In particular, J. Franklin Prescott objects and did not consent to any magistrate a. findings of fact; b. conclusions of law. MEMORANDUM “A REFERRAL TO A MAGISTRATE REQUIRES THE CONSENT OF ALL PARTIES.” JENNIFER FRANKLIN PRESCOTT IS ENTITLED TO HAVE THIS MATTER HEARD BY A JUDGE AND DOES NOT WANT TO HAVE THIS MATTER HEARD BY ANY MAGISTRATE. JENNIFER FRANKLIN PRESCOTT FILE A WRITTEN OBJECTION TO FICTITIOUS referral PRIOR TO COMMENCEMENT OF THE HEARING. Here, no hearing can possibly commence. PUBLICLY RECORDED 08/12/2010 FINAL DISPOSITION 4. On 08/12/2010, Def. Judge Hugh D. Hayes disposed of the fraudulent action. NO order of referral 5. Here, there were a. 08/12/2010 Final Disposition; b. No order of referral; c. No notice of any hearing; d. J. Franklin Prescott’s non-consent and objection to any magistrate referral and hearing. RECORD LACK OF note and mortgage 6. Here, in the recorded absence of any note and/or mortgage, there was a. No agreement; b. No debt; c. No lien; d. No BankUnited interest. LACK OF NOTICE OF ANY hearing 7. Court staff asserted and published: “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. The original notice must be timely filed with the Clerk of Court. The Judges’ and Magistrates ask that no courtesy copies be sent to their offices on foreclosure cases only. The setting party/attorney is responsible for preparing and filing the Order of Referral pursuant to Rule 1.490, Fl. Civil Rules of Court (also can be found at www.ca.cjis20.org/web/main/magistrates as a reference, no more signed Order of Referrals from the above website will be accepted). You will be required to submit your proposed Order of Referral to the appropriate Judge for each hearing in front of the Magistrate. This will include all hearings for 10, 15 or 30 minutes and Special Set hearings. (This will also include any Summary/Default Judgment hearings requesting more than 5 minutes.)” Here, no notice was served on Jennifer Franklin Prescott. Here, nothing, no matter, and no hearing were noticed in violation of the Florida Rules of Civil Procedure. BANKUNITED, FSB’S LACK OF standing 8. Pursuant to § 48.23, Fla. Stat., “1. A notice of lis pendens must contain the following: a. The names of the parties.” Here, the fraudulent notice of lis pendens “contained” “BankUnited, FSB”. However here, said BankUnited was not any note/mortgage holder or party. Here, U.S. agents had seized BankUnited, FSB.
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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 [ SEIZED ] BANKUNITED, FSB., purported “  plaintiff  ”,vs. DISPOSED CASE NO.: 09-6016-CA  JENNIFER FRANKLIN-PRESCOTT, et al  .  NOTICE OF LACK OF JURISDICTION  ___________________________________________________________________________/ NOTICE OF SERVICE OFNOTICE OF DISPOSITION AND NON-CONSENT (J.F.P.) TO ANY magistrate / hearing   UPON THE ALLEGED MAGISTRATE, AT MAGISTRATE’S OFFICE, 5 th FLOOR,AND ANTONIOJ. PEREZ-BENITOA’S OFFICE 1. NOTICE IS HEREBY GIVEN of Jennifer Franklin Prescott’s service of NOTICE OFDISPOSITION AND NON-CONSENT upon the magistrate and/or Antonio J. Perez-Benitoaat:a. Magistrate’s Office Naples Courthouse5 th Floor  Naples, FL 34112,T: 252-8331, and b. Antonio J. Perez-Benitoa, P.A.900 Sixth Avenue SouthSuite 303 Naples, Florida 34102Telephone: 239-430-1884Fax: 239-30-1885 http://www.tonypblaw.com  2. Jennifer Franklin Prescott, record holder of unencumbered title to the subject property[address: 25 6 th ST North, Naples, Florida 34102] does not consent  and objected to any   2 referral  to any magistrate , hearing officer  , and/or “  special master  ”, Rule 1.490, FloridaRules of Civil Procedure. JENNIFER FRANKLIN PRESCOTT’S OBJECTIONS TO ANY magistrate   3. In particular, J. Franklin Prescott objects and did not consent  to any magistrate  a.  findings of fact  ; b. conclusions of law . MEMORANDUM “ A REFERRAL TO A MAGISTRATE REQUIRES THE CONSENT OF ALL   PARTIES .” JENNIFER FRANKLIN PRESCOTT IS ENTITLED TO HAVE THISMATTER HEARD BY A JUDGE AND DOES NOT WANT TO HAVE THISMATTER HEARD BY ANY MAGISTRATE  . JENNIFER FRANKLIN PRESCOTTFILE A WRITTEN OBJECTION TO FICTITIOUS   referral  PRIOR TOCOMMENCEMENT OF THE HEARING.Here, no hearing  can  possibly commence.   PUBLICLY RECORDED 08/12/2010 FINAL DISPOSITION 4. On 08/12/2010, Def. Judge Hugh D. Hayes disposed of the fraudulent action. NO order of referral    5. Here, there werea. 08/12/2010 Final Disposition ; b. No   order of referral;  c. No notice of any hearing  ;d. J. Franklin Prescott’s non-consent and objection to any magistrate referral  and hearing  .   RECORD LACK OF note and mortgage   6. Here, in the recorded absence of any note and/or  mortgage , there was   3a. No   agreement  ; b. No   debt  ;c. No   lien ;d. No BankUnited interest  . LACK OF NOTICE OF ANY hearing    7. Court staff asserted and published:“  A party/attorney scheduling a hearing must  concurrently notice the matter inconformance 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. Thesrcinal notice must be timely filed with the Clerk of Court. The Judges’ and Magistrates ask that no courtesy copies be sent to their offices on foreclosure casesonly. The setting party/attorney is responsible for preparing and filing the Order of  Referral pursuant to Rule 1.490, Fl. Civil Rules of Court (also can be found at www.ca.cjis20.org/web/main/magistratesas a reference, no more signed Order of     Referrals from the above website will be accepted). You will be required to submit  your proposed Order of Referral to the appropriate Judge for each hearing in front of the Magistrate. This will include all hearings for 10, 15 or 30 minutes and  Special Set hearings. (This will also include any Summary/Default Judgment hearings requesting more than 5 minutes.) ” Here, no notice was  served  on Jennifer Franklin Prescott. Here, nothing, no matter  , and no hearing  were noticed  in violation of the Florida Rules of Civil Procedure .     BANKUNITED, FSB’S LACK OF  standing    8. Pursuant to § 48.23, Fla. Stat.,“1. A notice of  lis pendens must contain the following:a. The names of the parties.”Here, the fraudulent notice of lis pendens “ contained  ” “  BankUnited, FSB ”. However here,said BankUnited was not any note / mortgage holder  or   party . Here, U.S. agents had seized  BankUnited, FSB.9. Furthermore here, Jennifer Franklin-Prescott was mischaracterized as a “ married woman ”and “ Walter Prescott  ” as “ her husband  ”. However here, “ Walter Prescott  ” is not the   4“ husband  ” of Jennifer Franklin Prescott. Here, the notice of lis pendens did not contain the  parties’ names . NO  jurisdiction   10. Here, “  BankUnited, FSB ” wasa. Not any  party ; b. Had no interest  ;c. Had no  standing  .Here, bankrupt BankUnited, FSB, had no  standing  , and this Court has no    jurisdiction . RECORD APPEAL - NO  jurisdiction   11. Here after disposition and Jennifer Franklin Prescott’s Notice of Appeal , this Court had no  jurisdiction : NOTICE OF RELEASE & DISCHARGE OF FRAUDULENT lis pendens , CH. 48, F.S. 12. The fraudulent notice of  lis pendens , purported INSTR 4318185, Collier County Records,has been released and discharged . Here admittedly, no note or  mortgage could be established  , Ch. 48, 71, F. S. Purported  Plaintiff    bankrupt BankUnited failed and was seized . In the record absence of any note or  mortgage , said seized bank’s fraudulent   action  and notice were null & void and did not operate   as a lis pendens , Ch. 48.13. Furthermore, a lis pendens is not effectual  for any purpose beyond 1 year from thecommencement of the action and expires , § 48.23, Florida Statutes.14. Here, the pleadings conclusively proved that no action could be  founded  on any lost and/or  destroyed   note and/or  instrument  . Therefore, the bankrupt and seized bank’s non-
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