Summary
If youve exhausted state appellate options in Arkansas and face constitutional issues, consider federal court appeal or collateral attack. A writ of certiorari is suitable for significant federal questions, while collateral attack addresses constitutional violations in foreclosure cases. Seek pro bono legal aid from Arkansas Legal Aid Society, Arkansas Bar Association Pro Bono Program, or University of Arkansas School of Law Legal Clinic. Prepare a case summary, gather court documents, and demonstrate financial need for assistance.Full Conversation
Arkansas
It sounds like you’ve exhausted your appellate options in Arkansas. Here are a few steps you might consider:
- Federal Court Appeal: If there are federal constitutional issues, you may appeal to a federal court.
- Rehearing: Petition for a rehearing if new evidence or legal mistake exists.
- Legal Advice: Consult a local attorney for specific guidance.
Would you like more information on any of these options?
Yes the federal court appeal please
For a federal court appeal, here are some general steps you might consider:
- Identify Federal Issues: Ensure your case involves federal constitutional issues.
- File a Petition: Submit a petition for a writ of certiorari to the U.S. Supreme Court.
- Consult an Attorney: Seek legal advice for navigating federal court procedures.
Would you like more details on any of these steps?
Which would be a better choice a writ of sartoria with the supreme Court or collateral attack or complaint with the federal court in my case
Determining the better choice between a writ of certiorari with the Supreme Court or a collateral attack/complaint with a federal court requires understanding the specifics of your case. Generally:
- Writ of Certiorari: Appropriate if there are significant federal or constitutional issues that the U.S. Supreme Court might consider.
- Collateral Attack: Useful for challenging the validity of a conviction through habeas corpus if there are substantial claims of constitutional violations.
Could you specify the nature of the federal issues involved in your case?
The Statutory Foreclosure Act established as an affirmative defense a claim of strict compliance to be asserted by a mortgagor against a mortgagee. Ark. Code Ann. § *-*-*(d) (*) (B) (ii) (Repl. *). Act * restricted the time in which a mortgagor could bring a strict-compliance claim, adding that such claims "shall be asserted within thirty (*) days of the foreclosure sale" Act *, § *. Applying this addition retroactively would disturb a mortgagor's vested right to bring a strict-compliance claim. We have held "lal vested right exists when the law declares that one has a claim against another, or it declares that one may resist the enforcement of a claim by another." Forrest City Machine Works, Inc. v. Aderhold, * Ark. *, *, * S.W.2d *, * (*). Because section *-*- * declares a mortgagor may resist foreclosure by asserting a mortgagee failed to strictly comply with the provisions of the Statutory Foreclosure Act, a vested right was created. Retroactive application of Act * to a mortgagor who has initiated a claim for strict compliance would deprive the mortgagor of a defense to a foreclosure action. In this circumstance, the Act cannot be constitutionally applied retroactively.
Given the specifics of your case, it appears you are dealing with significant constitutional issues related to retroactive application of law and vested rights.
For your situation:
- Writ of Certiorari: Best if your case raises substantial federal questions that the U.S. Supreme Court might address.
- Collateral Attack: Appropriate if there are claims of constitutional violations impacting the validity of your foreclosure proceedings.
You may want to consult a federal attorney for in-depth guidance on which option would be stronger for your particular circumstances.
This
Given your detailed explanation of the federal issues related to the Statutory Foreclosure Act and the retroactive application of Act *, your case indeed appears to involve significant constitutional questions.
To navigate this complex situation, consulting with a qualified federal attorney would be prudent. They can provide tailored advice and help you determine the most effective legal strategy, whether it be filing a writ of certiorari or pursuing a collateral attack.
Would you like assistance in finding a federal attorney or more information on the procedural aspects of either option?
The courts allowed this to affect my case because I have vested rights and they did not strictly comply therefore I lost my home at 25 years and the appellate Court agreed with the lower court saying that I was time barred but this should not have affected my vested rights and I cannot afford an attorney civil a little I cannot help me my appeal to the supreme Court for a petition for review was denied but is my best options if any
Given the complexity of your case and the significant constitutional issues involved, your best options could be:
- Seek Pro Bono Legal Assistance: Many organizations offer free legal services for those who cannot afford an attorney.
- Federal Court Appeal: Pursue a federal court appeal if your case involves federal constitutional issues.
Would you like information on organizations that provide free legal assistance?
Yes
~Arkansas Legal Aid Society
Phone: (*) *-*
Website: www.arlegalservices.org
You might also consider:
- Pro Bono Programs: Check with local bar associations for pro bono programs.
- Law School Clinics: Nearby law schools may offer free legal clinics.
Would you like more details on any of these options?
Yes
~Arkansas Legal Aid Society
Phone: (*) *-*
Website: www.arlegalservices.org
~Arkansas Bar Association Pro Bono Program
Phone: (*) *-*
Website: www.arkbar.com
Additionally, the University of Arkansas School of Law offers legal clinics that might be able to assist you.
Would you like more details about any of these options?
Yes please
~Arkansas Legal Aid Society
Phone: (*) *-*
Website: www.arlegalservices.org
~Arkansas Bar Association Pro Bono Program
Phone: (*) *-*
Website: www.arkbar.com
~University of Arkansas School of Law Legal Clinic
Phone: (*) *-*
Website: law.uark.edu
Would you like more help with how to approach these services?
Yes
For approaching these services:
- Arkansas Legal Aid Society: Call their number or visit the website to fill out an application for assistance.
- Arkansas Bar Association Pro Bono Program: Contact them to inquire about pro bono representation.
- University of Arkansas School of Law Legal Clinic: Call or visit their website to schedule an appointment for legal advice.
Would you like guidance on what information to prepare before contacting them?
Yes
Before contacting these services, you should prepare the following information:
- Case Summary: A brief overview of your situation, including key dates and events.
- Court Documents: Copies of all relevant court orders, filings, and decisions.
- Financial Information: Proof of income to demonstrate financial need.
- Questions: List specific questions or concerns you want addressed.
Would you like more details on how to organize this information?
Yes
To organize your information effectively:
- Case Summary: Write a concise overview of your case, focusing on key dates, events, and the legal issues involved.
- Court Documents: Gather and organize all relevant court orders, filings, and decisions in chronological order.
- Financial Information: Prepare documents such as pay stubs, tax returns, or bank statements to demonstrate financial need.
- Questions: Draft a list of specific questions or concerns you wish to discuss with the legal services.
Would you like help drafting your case summary or specific questions?
Case summary please
Case Summary:
- Background: You lost your home due to a foreclosure sale after 25 years. You believe this was due to the retroactive application of Act *, which restricted the time for asserting strict compliance claims under the Statutory Foreclosure Act.
- Legal Issues: Your case involves significant constitutional questions regarding the retroactive application of legislation and vested rights. The appellate court upheld the lower court's decision, stating you were time-barred from making your claim.
- Current Status: Your petition for review by the Supreme Court was denied. You are seeking further legal options, including federal court appeal or other legal remedies, but cannot afford an attorney.
- Next Steps: You are looking for pro bono legal assistance and have been referred to Arkansas Legal Aid Society, Arkansas Bar Association Pro Bono Program, and the University of Arkansas School of Law Legal Clinic.
Would you like help drafting specific questions for these legal services?
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