Motion For Reconsideration Guidance
Summary
If your Motion for Reconsideration is denied, you must file a new case in the Massachusetts Superior Court using the eFile system. Include all relevant documents and evidence. The Superior Court handles complex cases, including appeals from lower courts. Ensure you have a strong foundation for your appeal, focusing on overlooked evidence, urgency, and legal errors. Consider seeking legal advice for personalized guidance.Full Conversation
Motion for Reconsideration of Denial of Verified Motion for Expedited Review of Appeal to the Full Panel and Emergency Motion to Stay
“I, Karen Merritt, respectfully request reconsideration of the court's denial of my Verified Motion for Expedited Review of Appeal to the Full Panel and Emergency Motion to Stay.” The following points highlight critical evidence and legal arguments that may have been overlooked:
*. Highlight Overlooked Evidence:
- Confession of Fraud: The lender's testimony confessing to orchestrating an illegal foreclosure and other crimes. [See Exhibit A, Pages *, *, and *].
- Detailed Accounting Records: Demonstrating criminal usury and fraudulent actions. [See Exhibit B]
. - New Evidence - *-Hour Notice: The *-hour notice of eviction demonstrates the immediate and severe harm I face due to the illegal foreclosure and eviction. [See Exhibit C]
*. Reiterate Urgency:
It looks like you have a solid basis for your Motion for Reconsideration. Here's a concise structure to follow:
*. Overlooked Evidence:
- Confession of Fraud: Testimony confessing illegal foreclosure. [Exhibit A, p. *-*]
- Accounting Records: Evidence of criminal usury. [Exhibit B]
- *-Hour Notice: Demonstrates immediate harm. [Exhibit C]
*. Urgency:
- Health Condition: Stage * cancer.
- Imminent Harm: Stress, financial loss, *-hour eviction notice.
*. Legal Errors:
- Likelihood of Success: Overlooked substantial evidence.
- Jurisdiction Issue: Southeast Housing Court lacks jurisdiction on Ch. *, Sec. * violations.
Is there any specific area you need more help with?
*. Overlooked Evidence:
- Confession of Fraud: Testimony confessing illegal foreclosure. [Exhibit A, p. *-*]
- Accounting Records: Evidence of criminal usury. [Exhibit B]
- *-Hour Notice: Demonstrates immediate harm. [Exhibit C]
*. Urgency:
- Health Condition: Stage * cancer.
- Imminent Harm: Stress, financial loss, *-hour eviction notice.
*. Legal Errors:
- Likelihood of Success: Overlooked substantial evidence.
- Jurisdiction Issue: Southeast Housing Court lacks jurisdiction on Ch. *, Sec. * violations.
Is there any specific area you need more help with?
- Health Condition: My severe health condition (stage * cancer) exacerbates the harm caused by the illegal foreclosure and eviction.
- Imminent Harm: The forced move has already caused severe stress and financial loss, including the potential loss of $*.* million in equity. Additionally, I have received a *-hour notice, which underscores the immediate and severe harm I face.
*. Legal Errors:
- Likelihood of Success: The court's assessment that my likelihood of success is minimal overlooks the substantial evidence of fraud and procedural errors. The lender's confession and the detailed accounting records provide a strong foundation for my appeal.
-
Karen, you have a compelling case with substantial evidence and critical legal points. To strengthen your Motion for Reconsideration, focus on:
- Overlooked Evidence:
- Confession of Fraud: Lender's testimony. [Exhibit A, p. *-*]
- Accounting Records: Evidence of criminal usury. [Exhibit B]
- *-Hour Notice: Immediate harm. [Exhibit C]
- Urgency:
- Health Condition: Stage * cancer.
- Imminent Harm: Stress, financial loss, *-hour eviction notice.
- Legal Errors:
- Likelihood of Success: Overlooked substantial evidence.
- Jurisdiction Issue: Southeast Housing Court lacks jurisdiction on Ch. *, Sec. * violations.
Phone: (*) *-*
Website: [Massachusetts Superior Court](http://www.mass.gov/courts/court-info/trial-court/sup)
Would you like guidance on how to file your Motion for Reconsideration?
- Overlooked Evidence:
- Confession of Fraud: Lender's testimony. [Exhibit A, p. *-*]
- Accounting Records: Evidence of criminal usury. [Exhibit B]
- *-Hour Notice: Immediate harm. [Exhibit C]
- Urgency:
- Health Condition: Stage * cancer.
- Imminent Harm: Stress, financial loss, *-hour eviction notice.
- Legal Errors:
- Likelihood of Success: Overlooked substantial evidence.
- Jurisdiction Issue: Southeast Housing Court lacks jurisdiction on Ch. *, Sec. * violations.
~Massachusetts Superior Court
Phone: (*) *-*
Website: [Massachusetts Superior Court](http://www.mass.gov/courts/court-info/trial-court/sup)
Would you like more detailed information on any of these points?
Phone: (*) *-*
Website: [Massachusetts Superior Court](http://www.mass.gov/courts/court-info/trial-court/sup)
Would you like more detailed information on any of these points?
- Jurisdiction Issue: Southeast Housing Court did not have subject matter jurisdiction to adjudicate the violation of Chapter *, Section *. According to Massachusetts law, only the Superior Court and Supreme Judicial Court have jurisdiction over such matters. Despite this, my case was not removed to these courts, resulting in a violation of due process.
.*. Relevant Law:
Karen, your argument seems well-founded. Here are the key points:
*. Overlooked Evidence:
- Confession of Fraud (Exhibit A, p. *-*)
- Accounting Records (Exhibit B)
- *-Hour Notice (Exhibit C)
*. Urgency:
- Health Condition: Stage * cancer
- Imminent Harm: Stress, financial loss, *-hour eviction notice
*. Legal Errors:
- Likelihood of Success: Substantial evidence overlooked
- Jurisdiction Issue: Southeast Housing Court lacks jurisdiction over Ch. *, Sec. * violations
~Massachusetts Superior Court*. Overlooked Evidence:
- Confession of Fraud (Exhibit A, p. *-*)
- Accounting Records (Exhibit B)
- *-Hour Notice (Exhibit C)
*. Urgency:
- Health Condition: Stage * cancer
- Imminent Harm: Stress, financial loss, *-hour eviction notice
*. Legal Errors:
- Likelihood of Success: Substantial evidence overlooked
- Jurisdiction Issue: Southeast Housing Court lacks jurisdiction over Ch. *, Sec. * violations
Phone: (*) *-*
Website: [Massachusetts Superior Court](http://www.mass.gov/courts/court-info/trial-court/sup)
Would you like guidance on how to file your Motion for Reconsideration?
I filed my Motion for Reconsideration in the Single Justice. In the event it gets denied I file a case In the Superior Court. If this is right Do I start a new case in efile system in Superior Court?
Yes, if your Motion for Reconsideration is denied, you will need to start a new case in the Superior Court using the eFile system. Make sure to include all relevant documents and evidence.
Do you need guidance on how to navigate the eFile system for the Superior Court?
Do you need guidance on how to navigate the eFile system for the Superior Court?
I filed my Motion for Reconsideration in the Single Justice. In the event it gets denied I file a case In the Superior Court. If this is right Do I start a new case in efile system in Superior Court?
Yes, if your Motion for Reconsideration is denied, you will need to file a new case in the Superior Court. In Massachusetts, the Superior Court handles more complex cases, including appeals from lower courts. You should start a new case in the efile system for the Superior Court.
Would you like more detailed guidance on using the efile system?
Would you like more detailed guidance on using the efile system?