Appeal Process Guidance Steps

Summary

To proceed with an appeal under 28 U.S.C. § 158(e)(1) and Fed. R. Bankr. P. 8001, designate evidence by listing relevant records from the trial courts docket. Draft a statement of issues in question format, prioritizing and grouping related issues for clarity. When attaching an affidavit to a motion, reference exhibits to support your statements, creating a sworn testimony linked to the evidence. This strengthens your argument by providing a clear connection between your assertions and the exhibits.

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question about how I proceed within *. U.S.C *(e)(*) or and fed. * rule *. I need to do things: Designate vidence? And write a statement? Please explain what I need to do.

To proceed with your appeal under * U.S.C. § *(e)(*) and Fed. R. Bankr. P. *, you need to:
- Designate Evidence: Identify and list the parts of the record you wish to include in the appeal.
- Write a Statement: Draft a statement of the issues you intend to present on appeal.
Do you need more detailed guidance on either of these steps?

1st how do i list and identify records that I want to include?

To list and identify records for your appeal:
- Review the trial court’s docket and identify relevant documents.
- Make a list of transcripts, evidence, and any other relevant records.
- Organize them chronologically or by relevance to the issues on appeal.
Would you like more details on how to draft your statement of issues?

So i open the docket and if i decide on a motion or an order can you drfat an example as to how I would identfify and designate this?

To identify and designate a motion or order from the docket, you would typically follow this format:
- Title: Motion for Summary Judgment (Example)
- Date Filed: MM/DD/YYYY
- Document Number: [Docket Entry Number]
- Description: A brief description of the motion or order, explaining its relevance to your appeal.
Would you like an example of a statement of issues for your appeal?

Yes

Sure! Here's an example of a statement of issues for your appeal:
- Issue *: Whether the trial court erred in granting the Motion for Summary Judgment filed on MM/DD/YYYY, Docket Entry Number [X], which dismissed the plaintiff's claim for breach of contract.
- Issue *: Whether the trial court's evidentiary rulings on MM/DD/YYYY, Docket Entry Number [Y], improperly excluded critical testimony.
Do you need any more assistance with your appeal process?

so you put things in question fornmat?

To clarify, when providing legal information, it's often helpful to present it in a question-and-answer format to ensure clarity and focus. This way, you can break down complex legal processes into manageable steps. Do you need further assistance with any specific part of your appeal?

can you put these violations in the statement of issues- AI order of importance, illegal foreclosure: *. DC Falsified having the promissory note. *. Debt collector (DC) Presented a falsified assignment of mortgage. *. DC Pretended to be a creditor. *. False statements were made in Fumarola&#*;s affidavit in the summary judgment. *. BNYMT never declared that they were debt collectors. *. DC created a fraudulent document called the adjustable-rate Note. *. DC ignored the time barred status from nonpayment of mortgage since CLI’s bankruptcy.

Here's a statement of issues for your appeal regarding the illegal foreclosure, ordered by importance:
- Issue *: Whether the debt collector (DC) falsified having the promissory note.
- Issue *: Whether the DC presented a falsified assignment of mortgage.
- Issue *: Whether the DC pretended to be a creditor.
- Issue *: Whether false statements were made in Fumarola's affidavit in the summary judgment.
- Issue *: Whether the Bank of New York Mellon Trust (BNYMT) failed to declare that they were debt collectors.
- Issue *: Whether the DC created a fraudulent document called the adjustable-rate note.
- Issue *: Whether the DC ignored the time-barred status from nonpayment of mortgage since CLI’s bankruptcy.
Do you need any more assistance with your appeal process?

*. DC along with the court ignored that the original pair of bifurcated refinanced loans greatly exceeding the legal lending limit. *. DC submitted falsified documents to pretend Countrywide became a holder. *. DC pretended to have secured debt. *. DC came into housing court making a false fraudulent claim. *. DC came into bankruptcy court making a false fraudulent claim. *. DC did not submit Verification of debt. *. DC pretended to have secured debt.

To include your additional violations in the statement of issues, you can expand it as follows:
- Issue *: Whether the DC, along with the court, ignored that the original pair of bifurcated refinanced loans greatly exceeded the legal lending limit.
- Issue *: Whether the DC submitted falsified documents to pretend Countrywide became a holder.
- Issue *: Whether the DC pretended to have secured debt.
- Issue *: Whether the DC made a false fraudulent claim in housing court.
- Issue *: Whether the DC made a false fraudulent claim in bankruptcy court.
- Issue *: Whether the DC failed to submit a Verification of debt.
- Issue *: Whether the DC pretended to have secured debt.
Do you need help with any other aspect of your appeal process?

*. DC submitted an invalid modification. *. DC Actions were an abuse of the elderly. *. DC Implemented malicious prosecution. *. DC submitted no business records. *. DC falsified evidence to claim sending the 90 day right to cure. *. The 90 day right to cure Verifies that the debt was unsecured. *. DC did not submit affidavits to verify their allegations. *. DC submitted falsified arctic air undated robo signed allonges. *. DC did not submit proof of claim bankruptcy. *. DC did not challenge the zero-debt owed in the bankruptcy schedule D. *. Judge ignored Rule * to provide written findings of fact.

To expand your statement of issues for your appeal, include the additional violations as follows:
- Issue *: Whether the DC submitted an invalid modification.
- Issue *: Whether the DC's actions constituted abuse of the elderly.
- Issue *: Whether the DC implemented malicious prosecution.
- Issue *: Whether the DC failed to submit business records.
- Issue *: Whether the DC falsified evidence regarding the *-day right to cure.
- Issue *: Whether the *-day right to cure verifies the debt was unsecured.
- Issue *: Whether the DC failed to submit affidavits to verify their allegations.
- Issue *: Whether the DC submitted falsified undated robo-signed allonges.
- Issue *: Whether the DC failed to submit proof of claim in bankruptcy.
- Issue *: Whether the DC failed to challenge the zero-debt listed in bankruptcy schedule D.
- Issue *: Whether the judge ignored Rule * by not providing written findings of fact.
Do you need further assistance with organizing or drafting any specific part of your appeal?

in the above shouldnt we have a question first?

It looks like you have a comprehensive list of issues for your appeal. Your statement of issues is crucial, but it can be overwhelming. To ensure clarity and impact, you might consider prioritizing or grouping related issues together.
Do you need help with organizing these issues or any other specific part of your appeal process?

draft a more organized issues of facts , grouping them .

Here is a more organized and grouped statement of issues for your appeal:

Falsified and Fraudulent Documents
- Issue *: Whether the DC falsified having the promissory note.
- Issue *: Whether the DC presented a falsified assignment of mortgage.
- Issue *: Whether the DC created a fraudulent document called the adjustable-rate note.
- Issue *: Whether the DC submitted falsified documents to pretend Countrywide became a holder.
- Issue *: Whether the DC falsified evidence regarding the *-day right to cure.
- Issue *: Whether the DC submitted falsified undated robo-signed allonges.

Improper Claims and Actions
- Issue *: Whether the DC pretended to be a creditor.
- Issue *: Whether the DC pretended to have secured debt.
- Issue *: Whether the DC made a false fraudulent claim in housing court.
- Issue *: Whether the DC made a false fraudulent claim in bankruptcy court.
- Issue *: Whether the DC implemented malicious prosecution.

Procedural and Legal Violations
- Issue *: Whether false statements were made in Fumarola's affidavit in the summary judgment.
- Issue *:Whether the Bank of New York Mellon Trust (BNYMT) failed to declare that they were debt collectors.
- Issue *: Whether the DC ignored the time-barred status from nonpayment of mortgage since CLI’s bankruptcy.
- Issue *: Whether the DC, along with the court, ignored that the original pair of bifurcated refinanced loans greatly exceeded the legal lending limit.
- Issue *: Whether the DC failed to submit a Verification of debt.
- Issue *: Whether the DC's actions constituted abuse of the elderly.
- Issue *: Whether the DC failed to submit business records.
- Issue *: Whether the DC failed to submit affidavits to verify their allegations.
- Issue *: Whether the DC failed to submit proof of claim in bankruptcy.
- Issue *: Whether the DC failed to challenge the zero-debt listed in bankruptcy schedule D.
- Issue *: Whether the judge ignored Rule * by not providing written findings of fact.

Additional Violations
- Issue *: Whether the DC submitted an invalid modification.
- Issue *: Whether the *-day right to cure verifies the debt was unsecured.
Would you like any more help with your appeal process?

send it to me without the borderline

Here is your more organized statement of issues for the appeal:

Procedural and Legal Violations
- Issue *: Whether false statements were made in Fumarola's affidavit in the summary judgment.
- Issue *: Whether theBank of New York Mellon Trust (BNYMT) failed to declare that they were debt collectors.
- Issue *: Whether the DC ignored the time-barred status from nonpayment of mortgage since CLI’s bankruptcy.
- Issue *: Whether the DC, along with the court, ignored that the original pair of bifurcated refinanced loans greatly exceeded the legal lending limit.
- Issue *: Whether the DC failed to submit a Verification of debt.
- Issue *: Whether the DC's actions constituted abuse of the elderly.
- Issue *: Whether the DC failed to submit business records.
- Issue *: Whether the DC failed to submit affidavits to verify their allegations.
- Issue *: Whether the DC failed to submit proof of claim in bankruptcy.
- Issue *: Whether the DC failed to challenge the zero-debt listed in bankruptcy schedule D.
- Issue *: Whether the judge ignored Rule * by not providing written findings of fact.

In general when i attach an affidavit to one of my motions - could you give me a sample of a powerful affidavit.

Sure! Here's a sample format for a powerful affidavit:
---
AFFIDAVIT OF [Your Name]
State of Massachusetts
County of [Your County]
I, [Your Name], being duly sworn, depose and say:
*. Identity and Background
I am [Your Name], residing at [Your Address]. I am of legal age and competent to testify.
*. Purpose of Affidavit
This affidavit is made in support of [specific motion or purpose of the affidavit].
*. Statement of Facts
a. On [Date], [describe the first fact].
b. [Provide additional facts in separate paragraphs].
c. [Continue detailing the relevant facts in a clear, chronological order].
*. Exhibits Attached
Attached hereto are true and correct copies of the following documents which support my statement of facts:
a. Exhibit A: [Description of Exhibit]
b. Exhibit B: [Description of Exhibit]
c. [List additional exhibits as necessary].
*. Conclusion
Based on the facts stated above, I respectfully request [specific relief or outcome you seek].
**Sworn Statement
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief.
[Your Signature]
[Your Name]
Date: [Date]
Notary Public
Sworn to and subscribed before me this [Day] day of [Month], [Year].
[Notary Public’s Signature]
[Notary Public’s Name]
Notary Public, State of Massachusetts
My commission expires: [Date]
---
Would you like more details on any specific section?

Im confused if my motion has the exhibits why do i ahve to give them in the affidavit?

If your motion already includes the exhibits, the affidavit should reference them to support your statements. This creates a clear, sworn statement linking your assertions in the affidavit to the evidence in the motion. It strengthens your argument by providing a sworn testimony directly connected to the exhibits.
Would you like more details on how to structure or reference exhibits in your affidavit?

Please iknow a bit history. I filed a rule *(b) fruad upon the court. The court replied in ordeer to rule you first have to enjoin the plaintiff, which is New York Mellon. Now I added that i wanted to enoin the attorneys, and the servicer becuase I want to support my claim of the orginal fraud upon the court which procured when the attorney filed the complaint in the court. So the attorneys are now saying that this a summary judgement and attorneys are not a party to the case. Hoever how they faiol to see is that Im again trying to prove the orginal fraud before the case ever even escalated to a summary judgment action. If I am correct in my pursuit of enjoinging the attorney . The servicer - I believe that are a party .

To address your situation, here’s a draft in legal terms:
---

Motion to Enjoin Attorneys and Servicer

Background:
I filed a Rule *(b) motion for fraud upon the court. The court indicated that to proceed, I must enjoin the plaintiff, New York Mellon.

Current Action:
I seek to enjoin the attorneys and the servicer to support my claim of original fraud upon the court. The attorneys argue this is a summary judgment and that they are not parties to the case.

Argument:
*. Original Fraud: The fraud I am addressing predates the summary judgment action. It involves the initial filing by the attorneys, which contained fraudulent assertions.

*. Servicer’s Role:
- The servicer is a party due to their involvement in issuing the *-day right to cure notice, which indicates the loan was in default.
- Their actions demonstrate their role and authority as the servicer, thus establishing their involvement in the case.

Conclusion:
The focus is on proving the original fraud before the case escalated to summary judgment. Therefore, enjoining the attorneys and the servicer is crucial to substantiate the fraud claims.
---
Would you like further details onanything specific in this draft?

The servicer supplied the 90 day right to cure verifying that the laon was in default. So that action establishes them as a party. where didi they get the authority to be the servicer? Meraning theres extensive fruad so its not about the summary judgement action as thats orrelvanyt. Can you draft this in leag terms?

Here's a draft in legal terms:
---
PLAINTIFF'S MOTION FOR RELIEF UNDER RULE *(b)
I, [Your Name], hereby submit this motion for relief under Rule *(b) due to fraud upon the court.
*. Introduction
- Plaintiff filed a motion under Rule *(b) alleging fraud upon the court by the original attorneys and servicer.
*. Background
- The court indicated that to rule on the motion, the Plaintiff must first enjoin the plaintiff, New York Mellon.
- Plaintiff seeks to enjoin the attorneys and the servicer to support the claim of the original fraud upon the court which occurred when the attorney filed the complaint.
*. Arguments and Evidence
- Fraudulent Conduct by Attorneys: The attorneys are alleged to have engaged in fraudulent activities prior to the summary judgment, which constitutes fraud upon the court.
- Authority of the Servicer: The servicer issued the *-day right to cure notice, thereby establishing itself as a party by verifying the loan was in default. However, the authority of the servicer is questioned due to the extensive fraud involved.
- Non-relevance of Summary Judgment: The Plaintiff seeksto address the original fraud which occurred before the summary judgment action, rendering the argument about the attorneys not being a party to the case irrelevant.
*. Conclusion
- Given the fraudulent actions and the servicer's involvement, Plaintiff requests the court to enjoin both the attorneys and the servicer to properly address the original fraud upon the court.
Respectfully submitted,
[Your Signature]
[Your Name]
[Date]
---
Would you like any modifications or further assistance with this draft?

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