Foreclosure Hamlet

Supporting, Informing & Connecting People in Foreclosure

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

v,

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 14th 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 15th 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 30th 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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 Respectfully here; I myself would appreciate you keep sales out of my thread.  I also do not believe it is tolerated on this site.  This thread is about trying to help people who are trying to save their homes.  Thank you.

David ......  After being in court and seeing what they rule on, no note, fraud, of which may be facts stated but you cannot show irreparable damage even if they are facts.  It is because of the way people plead their case.  I have found if there is a law broken or some kind of a fraudulent act, it must be shown as negligence and then you can cite emotional distress damages.  It is a tort.

No Problem Jeffrey, my apologies.

David I had one other comment in regard to your identity theft statement. First of all, most of the Mortgage Documents are filed on the public record, with that information and someone using their real name on this forum or any other forum or public place it would be very easy to look up a mortgage in the County Registry of Deeds online and get the property address, loan amounts, etc etc. Before these records were avilalble online it required a physical trip to the registry. There may also be other information filed such as Tax Liens.  So, with that information they have enough to get other info to get SSN# etc. Nothing is hidden anymore. Furthermore, if anyone is going through a foreclosure or has been through one their credit is trashed, it would seem useless waste of time to try and 'steal' someones identity for using their credit if their credit is already trashed.

I am not saying that you shouldn't be careful, I am saying that as much as we think that we are keeping our information private, it really isn't.

http://www.loansafe.org/forum/foreclosure-laws/40908-crossing-delaw...    This link will tell you my story and show you the filings and legal nonjudicial letters...........Jeffrey

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