Supporting, Informing & Connecting People in Foreclosure

The system has been rigged

I have sued Wells Fargo twice in one year. The last suit was for forclosing with an unnotorized Substitution of Trustee. The judge ruled for the bank and was rude to me in the hearing. Three months after the hearing he ruled for the Banksters. I filed a Motion under the Court Rules and brought a proper certificate before the court for the disqualifiying of the Judge for prejudice in allowing a 2nd Motion to dismiss and its evidence to be briefed within the 1st Motion. I filed an objection barring such evidence and the improperly filed 2nd Motion under Rule 403 of the Rules of Evidence and the Doctrine of Equitable Estoppel. The judge ignored it and ignored my Motion to recuse. I have filed this but don't think they care.

Jeffrey L. Shurtliff

2673W. 4650S.

Roy, Utah 84067

Telephone: 801-644-3826

________________________________________________________________________

SECOND DISTRICT COURT, STATE OF UTAH

IN AND FOR THE COUNTY OF WEBER

________________________________________________________________________

JEFFREY L. SHURTLIFF NOTICE OF PLAINTIFF’S

(Pro Se) RIGHT TO ACTION UNDER

TITLE 42 U.S.C. § 1983

Plaintiff

E TITLE INSURANCE AGENCY (as Trustee)

Also known as LUNDBERG AND ASSOCIATES

(Attorneys for Wells Fargo Bank N. A.) Civil No: 110903457

AND

WELLS FARGO BANK N. A. (as beneficiary) Judge: W. Brent West

________________________________________________________________________

The Plaintiff respectively brings NOTICE to this court of his right to action under

UNITED STATES CODE TITLE 42, § 1983

violation of his DUE PROCESS, under the 14^th amendment to the United States

Constitution.

The Plaintiff has brought before this court a proper certificate under rule 11 and Rule

63B, of the Utah Rules of Civil Procedure for the disqualification of Judge W. Brent

West; as per his right to Fair and Honest litigation in the above case. The Motion with

supporting Memoranda was properly filed with this court on 15^th of September 2011.

The Plaintiff has demanded a hearing before this court.

The Plaintiff contends that if the Judge refuses to heed the Plaintiff’s GOOD FAITH call

to recuse from his case, Judge West does war upon the Constitution; [ Should a judge not ]

disqualify himself, then the judge is violation of the Due Process Clause of the U.S.

Constitution. United States v. Sciuto, 521 F.2d 842, 845 (7th Cir. 1996) ("The right to a

tribunal free from bias or prejudice is based, not on section 144, but on the Due Process

Clause.").

Respectfully submitted this 30^th of September 2011.

_______________________

Jeffrey L. Shurtliff the Plaintiff

Certificate of Service

I Jeffrey L. Shurtliff has caused a copy of this Notice to be sent to the defending parties representatives as follows:

Brigham D. Lundberg James Gardner

Lundberg and Associates Snell and Wilmer L.L.P.

3269 south main street #100 15W. South Temple, suite 1200

Salt Lake City, Utah 84115 Salt Lake City, Utah 84101

, upon Judge W. Brent West for the

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Permalink Reply by Jeffrey L. Shurtliff on October 6, 2011 at 10:28am

So in summary here this country is controlled by the banks. The politicians have been bought off by the banks and so have the judges. I have been down protesting infront of this facist court with signs that say FRAUD ON THE COURT by JUDICIAL OFFICERS. If you are representing yourself you are offending the good ole boy club and no matter what you use and your knowledge you will be defeated! DOWN WITH THE BANKSTERS. This will tear this country apart! The CONSTITUTION hangs by a thread.

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Permalink Reply by Justice on October 6, 2011 at 8:13pm

I have read your complaint. Are you a lawyer? I am trying hard to understand all this information and doing this on my own hasn't gotten me anywhere. I am not allowed to show anything to support my claims in the court conferences, have been told to be quiet and just send in the documentation that the bank wants. I have written letters to the dept. of treasury and my congressman, nothing. What is it going to take to have this whole country fall down around us. I can't believe that this country is doing this to its own people.

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Permalink Reply by Jeffrey L. Shurtliff on October 7, 2011 at 11:27am

If you are told to keep quiet invoke your rights under the Authority of the 14th amendment of the Constitution of the United States. If the Judge will not let you talk ask for his disqualification.

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Permalink Reply by DisabledDad on October 7, 2011 at 2:41pm

Sharon

You need to make some noise any way that you can. It is only since we all have made it known to the politicians and the judges that we know who is on the take and who is not on the take, that any changes have been made.

I made a 4ft by 8ft sign and placed it in front of my house to let everyone know what is going on and lots of people ask because they know me and how much I care about my neighborhood, my neighbors and my home of 26 years. When I have school aged children ask me about it I tell them the same thing I tell their parents. "Don't take it all from me, go research it Get alot of information, then see if I'm right or if only half of it is." Because either way I'm right

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Permalink Reply by DisabledDad on October 7, 2011 at 2:45pm

Sharon,

I have written to John Walsh-OCC and many others including Federal and state politicians and have got response. Email me here with your other email address and I will send you what I sent and maybe you can get the same response. I would like to think that the response I rec'd wasn't just lucky but also due to a caring politician and my skilled and crafted and persuasive writing.

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Permalink Reply by Justice on October 7, 2011 at 6:50pm

srola@aol.com. thanks. I am now looking into how my attorney general is working on the illegal law practices of new york. that's where I live.

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Permalink Reply by Jeffrey L. Shurtliff on October 7, 2011 at 7:45pm

I have been out in front of this Courthouse protesting with signs of JUDICIAL FRAUD ON THE COURT. BANK OWNED COURT ect... I have hand carried a letter to the Judge exparte ORDERING his recusal by me under the authority of the 14 th Amendment to the Constitution of these United States. I also delivered the letter to the County Attorney for investigation of the violation of my Civil rights! I will begin protesting again on Monday afternoon if I don't get a recusal and have a permit through October. I am 56 and this takes me way back baby!

The Realtor removed his sign from the property.

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Permalink Reply by DisabledDad on October 7, 2011 at 11:18pm

Jeffrey,

Most people do not have any clue of what it takes to take this bullsh@t or to take it to the "man" this far. I really respect those like "us" who have the b@!!$ to go this far. There is no better feeling in the world than to say it and do it. I plan on going as far as it takes too, so don't think you are all alone. I'm coming up on 50 and I bought my place when I was 24. I'll have it when I go to.

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Permalink Reply by I Enjoy No Debt on February 9, 2012 at 12:00pm

Hi Jeffery have you done an audit to find out who really owns the Note, I did it and it changed my whole foreclosure situation

I would definitely get someone to determine whether the bank has a right to your house and payment. I got a free mortgage audit from www.inspectoraudit.com These guys are awesome! I have not found anyone that will get this information for FREE to you, it helped me stop a foreclosure a few days before the sale. I am not usually a person to recommend someone, but I think in this case these people helped me and may help someone else who is in trouble when the bank is trying to steal their house. They will give you a FREE AUDIT!!!

When I got my mortgage audit back, I was STUNNED to find out that my Note had been sold into some kind of investment pool, and the bank did not have the right to continue to collect on me, much less foreclose on me. From what I understand that selling the notes into these pools is very complicated and I don't really understand it completely, except that the Note is no longer a Note, the bank cant claim it anymore as a Note, and the bank has already been paid for your mortage!. They try and steal your house after they have been paid for it!! I was upset when the bank started the foreclosure on me, now I am really upset for a different reason, because they are committing fraud on me.

MY FORECLOSURE HAS BEEN STOPPED DEAD IN ITS TRACKS!! The bank was committing fraud on me and trying to take my house and they cant now, I have a lawyer that is using the the audit I got from inspectoraudit.com and he is turning the tables on the bank. I love it and I feel so empowered now! Being on the offensive is much better than being on the defensive. Good Luck with everything

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Permalink Reply by Jeffrey L. Shurtliff on February 9, 2012 at 12:48pm

My house has been sold in foreclosure. Freddie Mac has a Trustee's Deed on the house. The Deed has a statement in the text admitting to the violation of state law and then on the other page it says all state laws have been complied with. I have a lis pendens, that has presumption from the courts. I also have a statement of facts instrument recorded on the property barring them from selling pursuant to Law Doctrine. I have tried to take back the house but was arrested. It was a mistake to think the sheriff would look the other way while gaining possession as I am not a repo artist. I did however serve the Sheriff's office of my intent to enforce my property rights on the house. So the way it sits now is I have enough cloud on the title and do so lawfully bar them from selling to someone else.

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Permalink Reply by I Enjoy No Debt on February 10, 2012 at 12:12am

If you can prove that they didn't have the Note and it was sold into a securitized asset pool, you will have a case for Fraud against the bank. he only way of really knowing is to get an securitization check of the mortgage, I had done from www.inspectoraudit.com and it changed everything is my foreclosure when they knew that I had the information that they were not holder of the Note. They will do a preliminary audit for you for free. Check out the Ibanez case out of Massachusetts Supreme Court, they ruled that if the bank does not have the Note it cant foreclose, much less sell the property. Good Luck

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Permalink Reply by Jeffrey L. Shurtliff on February 10, 2012 at 2:21am

I do everything in this case myself. Have already done my own audit. The house sold on April 26. There Trustee's Deed violates the law and is groundless. This is where it is at. I have two liens on the title that cloud it so King Freddie mac cannot sell it.