United States District Court   //   Southern District of New York
Scott and Jean Webster -v- Wells Fargo Bank, et al
Docket No: 08 CIV 10145 before the Honorable Judge Preska


            --- EXHIBITS ATTACHED WITH EXPLANATION ---

    26.  Exhibit 1 is the Assignment of the original 1995
$162,000.00 Mortgage dated 12-20-06 six days after Defendants WELLS
FARGO and the BAUM LAW FIRM filed the foreclosure action.  This
Assignment reads "effective as of the 1st day of December 2006"
notarized "On the_20th_day of_December_ in the year _2006..." was
not filed with the County Clerk until January 10, 2007, 25 days
after Defendants filed the foreclosure action.  PLAINTIFFS asserted
this was obviously backdated after issue was raised in PLAINTIFFS
Cross Motion and challenge to the foreclosure.  This assignment of
the original mortgage was done on January 10, 2007, 55 days after
the filing of the foreclosure action, proof that Defendant WELLS
FARGO lacked standing to bring the initial foreclosure action.

                              - 4 -
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    27.  Exhibit 2 is a partial copy of the $380,346.31 mortgage
signed and dated by PLAINTIFFS on May 16, 2005 as witnessed, and
said mortgage was then filed with the Putnam County as a true
mortgage, with mortgage tax being paid by Defendant WELLS FARGO, and
submitted by Defendants WELLS FARGO and the BAUM LAW FIRM as an
additional mortgage to the Supreme Court.

    28.  Exhibit 3 is a partial copy of the $522,200.00 consolidated
mortgage created by Defendant WELLS FARGO signed and dated by
PLAINTIFFS on May 16, 2005 and witnessed, and was filed with the
Putnam County Clerk as an "Exhibit D" to an "agreement" and was not
filed as a mortgage because no mortgage tax was ever paid.  This
exhibit, the Consolidated Agreement's terms of the agreement "This
means that all the lender's rights in the Property are combined so
that under the law Lender has one mortgage and I have one loan
obligation..." and RIVERCITY ABSTRACT, PENZETTA, and WELLS FARGO
presented for the first time at the morning of the closing, as a
contract of adhesion, which assured PLAINTIFFS that it was the to be
the only surviving mortgage.  This Mortgage was however listed on
PLAINTIFFS' credit report as an actual mortgage, even though
Defendant WELLS FARGO and PENZETTA claimed it was merely an exhibit
to the "Agreement".

    29.  Note: both Exhibits 2 and 3 are only of the critical pages,
as of the mortgages, as the standard boiler plate consisting of up
to twenty pages are redundant and are not at issue in this Complaint
are not part of the two exhibits.

    30.  Exhibit 4.1 is a partial redacted printout of Plaintiffs'
credit report showing that the $522,000.00 had been recorded with
the credit repoting agencies as a true mortgage Exhibit 4.2 is a
page showing the original $162,000.00 mortgage had been paid in full
with the notation "never late".

    31.  Exhibit 5 is Defendant WELLS FARGO'S own Certification of
Loan Payoff dated 05-23-05 that was sent to PLAINTIFFS as proof that
the original mortgage was paid and that the entire foreclosure
action was based upon a mortgage that had been paid in full.

    32.  Exhibit 6 is Defendant WELLS FARGO'S own Notice of
Satisfaction to PLAINTIFFS dated 05-24-06, that a satisfaction of
original mortgage would be filed with the County Clerk, but was
never filed , and was in violation of RPAPL 1921 and N.Y. Jur.2d
Mortgages Section 375.

    33.  Exhibit 7 is Defendant WELLS FARGO'S own Payoff of Loan
statement, an acknowledgement from Wells Fargo of amount to be paid
off in full for closing, as dated 05-03-05.

    34.  Exhibit 8 is Defendant WELLS FARGO'S own submission to the
Supreme Court of the actual Mortgage to be Foreclosed Page from
"title search" showing paid off mortgage was to be foreclosed on
dated 12-20-06.

    35.  Exhibit 9 is a Certification of Foreclosure submitted to
the Supreme Court of the mortgage being foreclosed on, Proof that
the foreclosure action was initiated months before PLAINTIFFS were
in default or had even notified Defendant WELLS FARGO requesting
working arrangement for selling the property, as the title search
for foreclosure was completed and Certification was signed on
                              - 5 -
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October 1, 2006.

    36.  Exhibit 10 is the Notice to PLAINTIFFS from WELLS FARGO
that matter was turned over to the Baum Law Firm on November 22,
2006, which was over seven and a half weeks after the Baum Law Firm
began the foreclosure action on October 1, 2006, over 52 days
earlier.

    37.  Exhibit 11 is Defendant WELLS FARGO'S own Notice of
Pendency dated 12-14-06 that is further proof that Defendants WELLS
FARGO and the BAUM LAW FIRM were foreclosing on a fully paid off
mortgage.  The lis pendens was not served on PLAINTIFFS with the
summons and complaint.

    38.  Exhibit 12 is the Service of Summons & Complaint dated
12-20-06 and served on PLAINTIFFS 4:30pm Thursday just four days
before Christmas on the following Monday, leaving a mere four
working days during the holidays for research or securing an
attorney to file an answer.  This did not include the already filed
lis pendens.

    39.  Exhitit 13 is a copy of a letter from Defendant PENZETTA
stating that the Consolidated Mortgage was merely an "exhibit" that
it was not a real mortgage and confirming that no mortgage tax had
been paid with the filing.

    40.  Exhitit 14 is a partial printout of the Putnam County
Clerk's minutes that clearly shows that the $522,000.00 was only
filed as an "agreement" confirming that no mortgage tax had been
paid with the filing (see line 13).

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Contact information:
Scott E. Webster
276-728-5006 Virginia Number
Email     info@the-cri.com
and include for the subnject matter
RE: Wells Fargo

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