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Scott and Jean Webster -v- Wells Fargo Bank, et al Docket No: 08 CIV 10145 before the Honorable Judge Preska |
--- COURT RELIEF REQUESTED ---
323. For all the above reasons and by way of the facts and
circumstances stated above that PLAINTIFFS have been damaged by
Defendants for deliberately causing the noted losses of the sale of
PLAINTIFFS' PROPERTY, that for the damages as stated above:
WHEREFORE, PLAINTIFFS demand relief from, or against each of the
Defendants as follows to:
a) Declare that ORIGINAL MORTGAGE was paid, and satisfied and
order Defendant WELLS FARGO to file a proper satisfaction, within a
reasonable amount of time so PLAINTIFFS can continue to seek a
suitable buyer at fair market value;
b) Declare that ORIGINAL MORTGAGE was paid, and satisfied and
order Defendant WELLS FARGO to remove from the County Records the
LIS PENDENS within a reasonable amount of time so PLAINTIFFS can
continue to seek a suitable buyer at fair market value;
c) Declare that the CONSOLIDATED MORTGAGE was a fraud and
charade, worthless, that it never legally happened and order that it
be removed from the public County Records within a reasonable period
of time to be determined by this Court;
d) Declare that the GAP MORTGAGE was created by fraud and
predatory lending, and order that it be declared null and void, and
order that WELLS FARGO file a proper satisfaction for it in the
public County Records within a reasonable period of time to be
determined by this Court;
e) Declare that illegal predatory lending by way of bait and
switch that was used that the $150,000.00 equity line of credit be
declared null and void, and that WELLS FARGO file a proper
satisfaction for it in public County Records within a reasonable
period of time to be determined by this Court;
f) Or in the alternative, declare that illegal predatory
lending by using exhorbitant interest rates as being based on prime
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interest rate were not disclosed on the $150,000.00 equity line of
credit, and that it be declared null and void, and that WELLS FARGO
file a proper satisfaction for it in public County Records within a
reasonable period of time to be determined by this Court;
g) Or again in the alternative, declare that illegal predatory
lending by fraud and deceipt was used to lure and force
PLAINTIFFS into the $150,000.00 equity line of credit, and as fraud
vitiates everything it touches, and that WELLS FARGO file a proper
satisfaction for it in public County Records within a reasonable
period of time to be determined by this Court;
h) Order Defendant WELLS FARGO to pay PLAINTIFFS $817,000.00
for the loss of sale of PLAINTIFFS' PROPERTY to the Murrays, plus
plus interest and punitive damages for the outrageous activities,
that the public would find to be malicious and wilful behavior that
a jury could find that would defy the public conscious, and that
such damages being above the limits of the lower courts;
i) Order Defendant AGENT FRANCIS to pay PLAINTIFFS $817,000.00
for the loss of sale of PLAINTIFFS' PROPERTY to the Murrays, plus
plus interest and punitive damages for the outrageous activities,
that the public would find to be malicious and wilful behavior that
a jury could find that would defy the public conscious, and that
such damages being above the limits of the lower courts;
j) Order Defendant KOVACEVICH to pay PLAINTIFFS $817,000.00
for the loss of sale of PLAINTIFFS' PROPERTY to the Murrays, plus
plus interest and punitive damages for the outrageous activities,
that the public would find to be malicious and wilful behavior that
a jury could find that would defy the public conscious, and that
such damages being above the limits of the lower courts;
k) Order Defendant SEAN NIX to pay PLAINTIFFS $817,000.00
for the loss of sale of PLAINTIFFS' PROPERTY to the Murrays, plus
plus interest and punitive damages for the outrageous activities,
that the public would find to be malicious and wilful behavior that
a jury could find that would defy the public conscious, and that
such damages being above the limits of the lower courts;
l) Order Defendant PENZETTA to pay PLAINTIFFS $817,000.00
for the loss of sale of PLAINTIFFS' PROPERTY to the Murrays, plus
plus interest and punitive damages for the outrageous activities,
that the public would find to be malicious and wilful behavior that
a jury could find that would defy the public conscious, and that
such damages being above the limits of the lower courts;
m) Order Defendant KARASZEWSKI to pay PLAINTIFFS $817,000.00
for the loss of sale of PLAINTIFFS' PROPERTY to the Murrays, plus
plus interest and punitive damages for the outrageous activities,
that the public would find to be malicious and wilful behavior that
a jury could find that would defy the public conscious, and that
such damages being above the limits of the lower courts;
n) Order Defendant BAUM LAW FIRM to pay PLAINTIFFS $817,000.00
for the loss of sale of PLAINTIFFS' PROPERTY to the Murrays, plus
plus interest and punitive damages for the outrageous activities,
that the public would find to be malicious and wilful behavior that
a jury could find that would defy the public conscious, and that
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such damages being above the limits of the lower courts;
o) Order Defendant BALDWIN to pay PLAINTIFFS $3,000.00 paid as
commission by PLAINTIFFS, plus interest and punitive damages
for the outrageous activities, that the public would find to be
malicious and wilful behavior that a jury could find that would defy
the public conscious, and that such damages being above the limits
of the lower courts;
p) Order Defendant AFFORDABLE to pay PLAINTIFFS $3,000.00 paid as
commission by PLAINTIFFS, plus interest and punitive damages
for the outrageous activities, that the public would find to be
malicious and wilful behavior that a jury could find that would defy
the public conscious, and that such damages being above the limits
of the lower courts;
r) Declair that JSC O'ROURKE denied PLAINTIFFS their right of
Due Process by ignoring the laws and rules of the Court and the
CPLR, and to issur and order him to vacate his AMENDED DECISION AND
ORDER of August 27, 2007 within a reasonable period of time to be
determined by this Court;
s) Or in the alternative declair that JSC O'ROURKE carried ex
parte communications with the BAUM LAW FIRM and that by doing so
denied PLAINTIFFS their right of Due Process by ignoring the laws
and rules of the Court and the CPLR, and to order him to vacate his
AMENDED DECISION AND ORDER of August 27, 2007 within a reasonable
period of time to be determined by this Court;
t) Declare that JSC O'ROURKE denied PLAINTIFFS their right of
Due Process by ignoring the laws and rules of the Court and the
CPLR, and to order him to recuse himself from hearing all further
matters relating to PLAINTIFFS herein;
u) Declare that JSC O'ROURKE denied PLAINTIFFS their right of
Due Process by ignoring the laws and rules of the Court and the
CPLR, ab initio, and to order him vacate his ORIGINAL DECISION AND
ORDER which was based entirely on a paid and satisfied mortgage
within a reasonable period of time to be determined by this Court;
v) Declair that JSC O'ROURKE denied PLAINTIFFS their right of
Due Process by ignoring the laws and rules of the Court and the
CPLR, and to order him vacate his JUDGEMENT FOR FORECLOSURE AND SALE
of PLAINTIFFS' PROPERTY that was based upon a paid and satisfaction
mortgage within a reasonable period of time to be determined by this
Court;
w) Order a temporary stay of all Court proceedings and/or the
enforcement of orders issued by JSC O'ROURKE of the Supreme Court of
the County of Putnam, pending the final outcome and determination
before and after trial or other rulings by this Court;
x) Issue a permanant injunction against the BAUM LAW FIRM, the
Court assigned REFEREE Defendant John Guttridge Esq., for any and
all orders issued by JSC O'ROURKE of the Supreme Court of the County
of Putnam, on matters relating to Defendant's foreclosure action;
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y) Order Defendant RIVERCITY ABSTRACT to pay PLAINTIFFS
$817,000.00 for the loss of sale of PLAINTIFFS' PROPERTY to the
Murrays, plus interest and punitive damages for the outrageous
activities, that the public would find to be malicious and wilful
behavior that a jury could find that would defy the public
conscious, and that such damages being above the limits of the lower
courts;
z) Any other relief this Court deems fair and reasonable.
Dated: March 13, 2009
COMMONWEALTH OF VIRGINIA
COUNTY OF CARROLL
_____________________
Scott E. Webster
Plaintiff, pro se
204 Charlotte Dr
Dugspur, VA 24325
(276) 278-5006
_____________________
Jean Allen Webster
Plaintiff, pro se
204 Charlotte Dr
Dugspur, VA 24325
(276) 278-5006
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Scott E. Webster 276-728-5006 Virginia Number Email info@the-cri.com and include for the subnject matter RE: Wells Fargo |