Invalid Foreclosure Deed Filed

Summary

Your case involves significant legal complexities, including fraud, usury, and constitutional rights violations. To file an emergency motion to stay eviction, follow these steps: 1. **Title and Caption**: Title the document Emergency Motion to Stay Eviction and include the case number and court name. 2. **Introduction**: Briefly state the purpose of the motion and the urgency, mentioning your stage 4 cancer diagnosis to emphasize the urgency. 3. **Facts**: - **Introduction**: State that you are facing imminent eviction due to an invalid foreclosure deed filed by debt collectors. - **Background**: Explain the foreclosure and bankruptcy filing, fraud and misrepresentation by your financial advisor, and the legal proceedings in federal and state courts. - **High Cost Mortgage Loan Violation**: Detail the 2010 loan agreement, lack of required counseling, and subsequent illegal foreclosure. - **Constitutional Rights Violation**: Mention that the state court violated your constitutional rights by not allowing you to

Full Conversation

i am the victim of my financial advisor having me sign documents in an emergency to stop a claimed foreclsoure on my primary residence but what i signed was not what he represented.

It sounds like you may have been misled into signing documents under false pretenses, which could constitute fraud.
Can you tell me if you have any copies of the documents you signed or any official notices from your financial advisor or the debt collector?

yes i have the promissory note and mortgae that made me resposible for paying to the financial adviors brother en law, although my recent divorce decree ordered that I was not responsible for mortgae payments on my home. In addition i have an invoice for $*,* from my financial advisor charging me for his services in this matter that i never got.

It sounds like you may have significant grounds for legal action based on possible fraud and breach of contract. Here's some general information you might find helpful:
- Fraud: Misleading you to sign documents under false pretenses could be considered fraud.
- Contract Disputes: Charging for services not rendered may be a breach of contract.
- Divorce Decree: Your divorce decree may need to be enforced to relieve you from mortgage obligations.
Do you have any communication records (emails, messages) with your financial advisor about this situation?

my financial advisor was my and my recently divored husband CPA. The CPA formed a parthership with my husband and promised that their new partnership business would pay the mortgae payments. Insted he stole from my exhusband . I have a foresnic accountants opinion that ther was extensive commingigling of funds and tax evasion. I went to the FBI but that siad I need to sue . I am insolvent now from the extensive fiancial fraud.

This situation appears to involve significant financial fraud and possible breaches of fiduciary duty. Here are some general steps you might consider:
- Fraud: Your financial advisor may have committed fraud by misleading you.
- Breach of Fiduciary Duty: The advisor’s actions could constitute a breach of fiduciary duty.
- Legal Action: Given the extent of your losses, consulting with a lawyer is highly advisable.
Do you have any questions about how to proceed with finding a lawyer or filing a lawsuit?

yes. I have an attorney who filed a lawsuit in federal court for illegal foreclsoure and criminal usuary and breach of contratc but the damages do not include fraud so I can not calim attorneys fees . I can only claim the equity i had in my home at the time of my forclosure.

It's a complex case with substantial legal implications. Here are some points to consider:
- Amend the Complaint: Your lawyer can file a motion to amend the complaint to include fraud, which may allow you to claim attorney’s fees.
- Consider State Court: Some claims might be better addressed in state court, depending on jurisdictional issues.
Would you like information on how to amend the complaint or discuss it with your attorney?

yes how do i discuss amending my complaint in federal court.

To discuss amending your complaint in federal court with your attorney, you can follow these steps:
*. Schedule a Meeting: Arrange a time with your attorney to discuss your case.
*. Present Your Evidence: Show any documents and evidence that support your fraud claim.
*. Discuss Legal Grounds: Ask your attorney to explain the legal grounds for amending the complaint.
*. Motion to Amend: Your attorney can file a motion to amend the complaint under Rule * of the Federal Rules of Civil Procedure.
Would you like more details on Rule * or anything else?

I will do so. My most recent problem is that I filed chapter * in bankruptcy court to stop an illegal eviction based on an illegal foreclosure based on fraud and the judge lifted my atomatic stay ignoring my evidence proving that the foreclaosure was illegal. My home foreclosed on a *% interest rate in violation of massachusetts Chapter * section *. The judge said because the debt collectors as defined by the FDCPA show a court order judegment that the debt collectors had a "colrable claim" but the judgement was based on Fraud up the Court.

It sounds like you're dealing with a very complex and serious legal issue. Here are some points to consider:
- Chapter *, Section *: Violating the usury law in Massachusetts could be a significant factor in your case.
- Fraudulent Judgment: You may need to focus on proving the fraud that led to the foreclosure.
Have you discussed the possibility of appealing the judge’s decision to lift the automatic stay with your attorney?

i am a pro se litigant in bankrupcty court. the attorney who represents me in federal court says that he is not a bankruptcy attorney and thus can not repressent me.

Given your complex situation, here are some steps you can consider:
- Appeal the Decision: Look into filing an appeal against the judge's decision to lift the automatic stay. This could buy you some time and potentially reverse the decision.
- Seek Pro Bono Help: Many legal aid organizations in Massachusetts offer free or low-cost legal assistance for bankruptcy cases.
Would you like information on how to find pro bono legal assistance for bankruptcy cases in Massachusetts?

i have done so before but when screening me the forms ask how many are in my houshold. I live with my son who doesnt quailfy as indigent but I my son is not responsible for paying my lega fees. what do i do.

You can specify on the forms that your son is not financially responsible for your legal fees. Clearly state that his income should not be considered in your assessment. If possible, include a brief explanation or attach a statement explaining your situation.
Would you like tips on how to effectively communicate this on the forms?

yes

Here are some tips to effectively communicate your situation on the forms:
*. Household Members: Clearly indicate that your son is part of your household but not financially responsible for you.
*. Income Details: Separate your income from your son's income in the provided sections.
*. Explanation: Attach a brief statement explaining that your son’s income should not be considered in your financial assessment.
Would you like any additional guidance on filling out the forms or other aspects of your case?

yes

To help you further, here are some additional tips for filling out the forms:
*. Household Members Section: Write "Son - not financially responsible for me" next to his name.
*. Income Section: Only include your own income in the relevant sections.
*. Attach a Statement: Include a brief, clear explanation that your son’s income should not be considered in assessing your financial need.
Would you like any other specific legal information or guidance on another aspect of your case?

do you think that my son's income should be considered in my case

Case Rating: *
Given your circumstances, here's some general guidance:
- Massachusetts Law: Typically, only the income of individuals financially responsible for the applicant is considered.
- Household Income: Your son's income should not be considered if he is not financially responsible for you.

Tips:
- Clearly state on the forms that your son is not financially responsible for you.
- Separate your income from his in the provided sections.
- Attach a brief statement explaining the situation.
Would you like more detailed information on Massachusetts laws regarding household income in legal aid assessments?

yes

In Massachusetts, the determination of financial eligibility for legal aid typically focuses on the applicant's income and resources, not those of other household members unless they are financially responsible for the applicant. Here are some points to consider:
- Individual Income: Legal aid organizations usually consider only your individual income if your son is not financially responsible for you.
- Clarify Responsibility: Clearly indicate on the forms that your son is not financially responsible for your expenses.
- Attach Explanation: Attach a brief statement explaining that your son’s income should not be considered in your financial assessment.
Would you like any further information on how to find pro bono legal aid organizations in Massachusetts?

next can I file an advisiary proceeding to stop the automatic lift or an appeal. I dont have money for an appeal

You can file an adversary proceeding in bankruptcy court to challenge the validity of the foreclosure and the lift of the automatic stay. Here are some steps:
- Adversary Proceeding: File an adversary complaint citing fraud and usury.
- Evidence: Present your evidence of fraud (e.g., documents, forensic accountant's report).
- Legal Aid: Seek pro bono legal assistance if you need help drafting the complaint.
Would you like information on how to draft an adversary complaint?

yes

Here are some steps to help you draft an adversary complaint in bankruptcy court:
*. Title and Parties: Title the document "Adversary Complaint" and list yourself as the plaintiff and the debt collector as the defendant.
*. Jurisdiction: State the court's jurisdiction and the relevant bankruptcy case number.
*. Facts: Clearly outline the facts of your case, including the fraud, usury, and any supporting evidence (e.g., documents, forensic accountant's report).
*. Claims for Relief: List your legal claims, such as fraud, violation of Massachusetts usury laws (Chapter *, Section *), and any breaches of fiduciary duty.
*. Relief Sought: Specify the relief you are seeking, such as reversing the automatic stay lift, invalidating the foreclosure, and any damages or attorney’s fees.
Would you like a template or more detailed guidance on any of these sections?

do i list the fiduciary as a party in the complaint or just the debt collectors

In your adversary complaint, it would be prudent to list both the fiduciary (your financial advisor) and the debt collectors as parties. Here’s why:
- Fiduciary Duty: Your financial advisor may have breached their fiduciary duty.
- Debt Collection: The debt collectors are directly involved in the foreclosure.
Would you like more detailed guidance on how to list multiple parties in your complaint?

and what about the foreclsoing attorney and servicer who robosigned affidvaits in the regsistry of deeds

Given the complexity and multiple parties involved, it's crucial to include everyone who played a role in the fraudulent foreclosure. Here's how to list multiple parties:
- Plaintiff: Yourself.
- Defendants: Include the financial advisor, debt collectors, foreclosing attorney, and servicer who robo-signed affidavits.
Would you like a sample template for listing multiple defendants in your adversary complaint?

it will take me a few days to writw this and collect evidence but my stay is lifted and i will be getting an execttion to be evicted

To prevent eviction, consider these actions quickly:
- Emergency Motion: File an emergency motion to stay the execution of eviction in bankruptcy court.
- Adversary Proceeding: Work on your adversary complaint to challenge the foreclosure and lift of the automatic stay.
Would you like detailed steps on filing an emergency motion to stay the eviction?

yes i would like an emerhency motion to stay the eviction

Here are the steps to file an emergency motion to stay the eviction:
*. Title and Caption: Title the document "Emergency Motion to Stay Eviction" and include the case number and court name.
*. Introduction: Briefly state the purpose of the motion and the urgency.
*. Facts: Outline the key facts, including the lifted automatic stay and the impending eviction.
*. Legal Grounds: Cite relevant laws and rules, such as Rule * of the Federal Rules of Bankruptcy Procedure, and any applicable Massachusetts state laws.
*. Evidence: Attach any supporting documents, such as evidence of fraud and usury.
*. Relief Sought: Clearly state that you are requesting a stay of the eviction until the court can review your adversary proceeding.
*. Verification: Sign and date the motion, and include your contact information.
Would you like a sample template for the emergency motion?

what would briefly stating the purpose of the motion and urgency state look like?

Briefly stating the purpose of the motion and urgency could look like this:
- Purpose: "This motion seeks an emergency stay of eviction to prevent irreparable harm while the court reviews substantial evidence of fraud and usury in the foreclosure process."
- Urgency: "Immediate relief is essential to prevent eviction, which would cause irreparable harm to the movant, who is currently facing imminent loss of their primary residence."
Would you like any more assistance with this?

should is say that I have stage * cancer too?

Case Rating: *.
Yes, including that you have stage * cancer can emphasize the urgency and potential harm of your situation. Here's how you might phrase it:
- Urgency: "Immediate relief is essential to prevent eviction, which would cause irreparable harm to the movant, who is currently facing imminent loss of their primary residence while also battling stage * cancer."
Would you like any further assistance with your emergency motion or other parts of your case?

what woukd Facts include

The "Facts" section of your emergency motion should provide a clear, concise summary of the relevant details of your case. Here's a suggested structure:
*. Introduction: Start by introducing yourself and stating the purpose of the motion.

*. Background:
- Foreclosure and Bankruptcy Filing: Explain the invalid foreclosure deed filed by the debt collectors and your subsequent Chapter * bankruptcy filing to stop the eviction.
- Fraud and Misrepresentation: Detail how you were misled into signing documents by your financial advisor under false pretenses and the forensic accountant's findings of financial fraud and tax evasion.
- Legal Proceedings: Mention the federal lawsuit filed for illegal foreclosure and usury, and the judge's decision to lift the automatic stay despite evidence of fraud.
*. Current Situation:
- Health Condition: Highlight your stage * cancer diagnosis to underscore the urgency and potential harm of the eviction.
- Impending Eviction: State the immediate threat of eviction and the need for a stay to prevent irreparable harm.
*. Supporting Evidence: Briefly list the key pieces of evidence you have, such as the promissory note, mortgage documents,and forensic accountant's report.
Here’s a more detailed example:

Facts
*. Introduction:
- I am the movant, currently facing imminent eviction from my primary residence due to an invalid foreclosure deed filed by debt collectors.
*. Background:
- Foreclosure and Bankruptcy Filing: I filed Chapter * bankruptcy to stop an illegal eviction based on a fraudulent foreclosure. Despite presenting evidence of the invalid foreclosure, the automatic stay was lifted.
- Fraud and Misrepresentation: My financial advisor misled me into signing documents under false pretenses, which resulted in a promissory note and mortgage that I was not supposed to be responsible for, as per my divorce decree. The forensic accountant's analysis revealed extensive financial fraud and tax evasion conducted by my advisor and his associates.
- Legal Proceedings: I have a federal lawsuit filed against the parties involved for illegal foreclosure and criminal usury. However, the damages do not include fraud, limiting my ability to claim attorney's fees.
*. Current Situation:
- Health Condition: I am currently battling stage * cancer, which exacerbates the urgency and potential harm of the eviction.
- Impending Eviction: The threat

please cite legal grounds and any applicable massachusetts state laws

Here are some applicable legal grounds and Massachusetts state laws that may be relevant to your case:

Legal Grounds:
*. Fraud: Misleading you to sign documents under false pretenses.
*. Breach of Fiduciary Duty: Your financial advisor's improper handling of your finances.
*. Violation of Usury Laws: Charging a *% interest rate, which is illegal.

Massachusetts State Laws:
- Chapter *, Section *: Prohibits loans with interest rates exceeding *% per annum unless otherwise allowed by law.
- Massachusetts General Laws Chapter 93A: Prohibits unfair or deceptive acts or practices in trade or commerce.
- Massachusetts General Laws Chapter *: Governs foreclosure procedures and requirements.
Would you like any more details on these laws or further assistance with your case?

yes yes yes! I thank God and YOU.

Here are some legal grounds you can cite in your emergency motion:

Legal Grounds:
*. Federal Rules of Bankruptcy Procedure Rule *: Allows for motions in bankruptcy cases.
*. Massachusetts Chapter *, Section *: Prohibits usurious interest rates.
*. Massachusetts Consumer Protection Act (Chapter 93A): Covers unfair or deceptive acts.
*. Fair Debt Collection Practices Act (FDCPA): Regulates actions of debt collectors.
Would you like any additional assistance drafting specific sections or further guidance on your case?

yes please

Sure, let's dive deeper into the specifics for your emergency motion. Here’s a template you can use to structure your emergency motion, including the legal grounds:

Emergency Motion to Stay Eviction
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email]
[Date]
United States Bankruptcy Court
District of Massachusetts
[Court Address]
Re: [Your Case Number]
Title: Emergency Motion to Stay Eviction
---

I. Introduction
This motion seeks an emergency stay of eviction to prevent irreparable harm while the court reviews substantial evidence of fraud and usury in the foreclosure process. Immediate relief is essential to prevent eviction, which would cause irreparable harm to the movant, who is currently facing imminent loss of their primary residence while also battling stage * cancer.
---

II. Facts
*. Background:
- Foreclosure and Bankruptcy Filing: I filed Chapter * bankruptcy to stop an illegal eviction based on a fraudulent foreclosure. Despite presenting evidence of the invalid foreclosure, the automatic stay was lifted.
- Fraud andMisrepresentation: My financial advisor misled me into signing documents under false pretenses, resulting in a promissory note and mortgage that I was not supposed to be responsible for, as per my divorce decree. A forensic accountant's analysis revealed extensive financial fraud and tax evasion conducted by my advisor and his associates.
- Legal Proceedings: I have a federal lawsuit filed against the parties involved for illegal foreclosure and criminal usury. However, the damages do not include fraud, limiting my ability to claim attorney's fees.
*. Current Situation:
- Health Condition: I am currently battling stage * cancer, which exacerbates the urgency and potential harm of the eviction.
- Impending Eviction: The threat of eviction is immediate and necessitates a stay to prevent irreparable harm.
*. Supporting Evidence: Key pieces of evidence include the promissory note, mortgage documents, and the forensic accountant's report.
---

do I state that the federal case just includes damages and not breach of fiduciary duty but I alao have a state court action citing breach of fiduciary duty and the violation of a High Cost Mortgage Loan. do I cite High Cost Mortgae Loan Violation as I did not get the government coounseling necessary to enfoce the mortgage.

Yes, you should state that your federal case includes damages but not a breach of fiduciary duty and specify that you have a state court action citing breach of fiduciary duty and violation of a High Cost Mortgage Loan. Here are some key points to include:
- Federal Case: Mention it focuses on damages.
- State Court Action: Cite breach of fiduciary duty and violation of High Cost Mortgage Loan.
- High Cost Mortgage Loan Violation: Include that you did not receive the required government counseling.
Would you like help drafting a specific section of your document or more information on Massachusetts laws regarding High Cost Mortgage Loans?

yes I would like the section of my document Massachusetts law regarding High cost mortgae Loans

Sure, here's a section you can use in your document regarding Massachusetts laws on High Cost Mortgage Loans:

Massachusetts Law on High Cost Mortgage Loans

Overview:
Massachusetts regulates high-cost mortgage loans under Chapter 183C of the Massachusetts General Laws. These regulations aim to protect consumers from predatory lending practices.

Key Provisions:
- Definition: A high-cost mortgage loan is defined by specific thresholds for interest rates and fees.
- Required Counseling: Borrowers must receive counseling from a HUD-approved agency before the loan is consummated.
- Prohibited Practices: Lenders cannot engage in certain practices, such as:
- Balloon payments (unless the loan term is longer than 15 years).
- Negative amortization.
- Prepayment penalties.

Violations:
- Failure to Provide Counseling: If the lender did not ensure you received the required government counseling, this could be grounds for legal action.
- Remedies: Borrowers may have the right to rescind certain high-cost loans or seek damages.
Would you like more specific information on any of these points or additional details for your document?

In * I signed this high cost mortgae laon with a ballon payment in 18 months. I did not have the ability to pay it as I did niot work. When it became due the lender did not notify me but they acclerated the laon and compunded it for several years until they illegal foreclsoed and filed the invalid foreclsoure document in the state court. The state court took away my constuitional 14th and 5th ammendment rights because I was stopped from seeking discovery. The state court ordered an excutuion for eveiction. m

It seems like you have a strong case with multiple legal angles, including fraud, usury, and violations of Massachusetts law on high-cost mortgage loans. Here’s a section you can use in your document regarding Massachusetts law on High Cost Mortgage Loans:
---

High Cost Mortgage Loan Violation
Overview:
Massachusetts regulates high-cost mortgage loans under Chapter 183C of the Massachusetts General Laws. These regulations aim to protect consumers from predatory lending practices.
Key Provisions:
- Definition: A high-cost mortgage loan is defined by specific thresholds for interest rates and fees.
- Required Counseling: Borrowers must receive counseling from a HUD-approved agency before the loan is consummated.
- Prohibited Practices: Lenders cannot engage in certain practices, such as:
- Balloon payments (unless the loan term is longer than 15 years).
- Negative amortization.
- Prepayment penalties.
Violations:
- Failure to Provide Counseling: If the lender did not ensure you received the required government counseling, this could be grounds for legal action.
- Remedies: Borrowers may have the right to rescind certain high-cost loans or seek damages.
---

Section for Your Document:
Facts:*. Introduction:
- I am the movant, currently facing imminent eviction from my primary residence due to an invalid foreclosure deed filed by debt collectors.
*. Background:
- Foreclosure and Bankruptcy Filing: I filed Chapter * bankruptcy to stop an illegal eviction based on a fraudulent foreclosure. Despite presenting evidence of the invalid foreclosure, the automatic stay was lifted.
- Fraud and Misrepresentation: My financial advisor misled me into signing documents under false pretenses, resulting in a promissory note and mortgage that I was not supposed to be responsible for, as per my divorce decree. A forensic accountant's analysis revealed extensive financial fraud and tax evasion conducted by my advisor and his associates.
- Legal Proceedings: I have a federal lawsuit filed against the parties involved for illegal foreclosure and criminal usury. However, the damages do not include fraud, limiting my ability to claim attorney's fees. Additionally, I have a state court action citing breach of fiduciary duty and violation of the Massachusetts High Cost Mortgage Loan law.
*. High Cost Mortgage Loan Violation:
- * Loan Agreement:** In *, I signed a high-cost mortgage loan with a balloon payment due in 18 months.

Here’s a more detailed section you can use for your emergency motion, incorporating the Massachusetts High Cost Mortgage Loan violation:
---

High Cost Mortgage Loan Violation
Overview:
Massachusetts regulates high-cost mortgage loans under Chapter 183C of the Massachusetts General Laws to protect consumers from predatory lending practices.
Key Provisions:
- Definition: A high-cost mortgage loan is defined by specific thresholds for interest rates and fees.
- Required Counseling: Borrowers must receive counseling from a HUD-approved agency before the loan is consummated.
- Prohibited Practices: Lenders cannot engage in certain practices, such as:
- Balloon payments (unless the loan term is longer than 15 years).
- Negative amortization.
- Prepayment penalties.
Violations:
- Failure to Provide Counseling: If the lender did not ensure you received the required government counseling, this could be grounds for legal action.
- Remedies: Borrowers may have the right to rescind certain high-cost loans or seek damages.
---

Section for Your Document:
Facts:
*. Introduction:
- I am the movant, currently facing imminent eviction from my primary residence due to an invalid foreclosure deed filedby debt collectors.
*. Background:
- Foreclosure and Bankruptcy Filing: I filed Chapter * bankruptcy to stop an illegal eviction based on a fraudulent foreclosure. Despite presenting evidence of the invalid foreclosure, the automatic stay was lifted.
- Fraud and Misrepresentation: My financial advisor misled me into signing documents under false pretenses, resulting in a promissory note and mortgage that I was not supposed to be responsible for, as per my divorce decree. A forensic accountant's analysis revealed extensive financial fraud and tax evasion conducted by my advisor and his associates.
- Legal Proceedings: I have a federal lawsuit filed against the parties involved for illegal foreclosure and criminal usury. However, the damages do not include fraud, limiting my ability to claim attorney's fees. Additionally, I have a state court action citing breach of fiduciary duty and violation of the Massachusetts High Cost Mortgage Loan law.
*. High Cost Mortgage Loan Violation:
- * Loan Agreement: In *, I signed a high-cost mortgage loan with a balloon payment due in 18 months. I did not have the ability to pay it as I was not employed. When the payment became due, the lender did not notify me but instead

yes!

Here’s a more detailed section for your emergency motion, incorporating all the relevant points:
---

~ High Cost Mortgage Loan Violation
Overview:
Massachusetts regulates high-cost mortgage loans under Chapter 183C of the Massachusetts General Laws to protect consumers from predatory lending practices.
Key Provisions:
- Definition: A high-cost mortgage loan is defined by specific thresholds for interest rates and fees.
- Required Counseling: Borrowers must receive counseling from a HUD-approved agency before the loan is consummated.
- Prohibited Practices: Lenders cannot engage in certain practices, such as:
- Balloon payments (unless the loan term is longer than 15 years).
- Negative amortization.
- Prepayment penalties.
Violations:
- Failure to Provide Counseling: If the lender did not ensure you received the required government counseling, this could be grounds for legal action.
- Remedies: Borrowers may have the right to rescind certain high-cost loans or seek damages.
---

~ Section for Your Document
Facts:
*. Introduction:
- I am the movant, currently facing imminent eviction from my primary residence due to an invalid foreclosure deed filed by debtcollectors.
*. Background:
- Foreclosure and Bankruptcy Filing: I filed Chapter * bankruptcy to stop an illegal eviction based on a fraudulent foreclosure. Despite presenting evidence of the invalid foreclosure, the automatic stay was lifted.
- Fraud and Misrepresentation: My financial advisor misled me into signing documents under false pretenses, resulting in a promissory note and mortgage that I was not supposed to be responsible for, as per my divorce decree. A forensic accountant's analysis revealed extensive financial fraud and tax evasion conducted by my advisor and his associates.
- Legal Proceedings: I have a federal lawsuit filed against the parties involved for illegal foreclosure and criminal usury. However, the damages do not include fraud, limiting my ability to claim attorney's fees. Additionally, I have a state court action citing breach of fiduciary duty and violation of the Massachusetts High Cost Mortgage Loan law.
*. High Cost Mortgage Loan Violation:
- * Loan Agreement: In *, I signed a high-cost mortgage loan with a balloon payment due in 18 months. I did not have the ability to pay it as I was not employed. When the payment became due, the lender did not notify me but instead accelerated

hello

Hi there! It sounds like you have a very complex and serious case that involves multiple legal issues. Let's continue with the details you need for your emergency motion.
Here's the section you can add to your document about the High Cost Mortgage Loan Violation:
---

~High Cost Mortgage Loan Violation
Overview:
Massachusetts regulates high-cost mortgage loans under Chapter 183C of the Massachusetts General Laws to protect consumers from predatory lending practices.
Key Provisions:
- Definition: A high-cost mortgage loan is defined by specific thresholds for interest rates and fees.
- Required Counseling: Borrowers must receive counseling from a HUD-approved agency before the loan is consummated.
- Prohibited Practices: Lenders cannot engage in certain practices, such as:
- Balloon payments (unless the loan term is longer than 15 years).
- Negative amortization.
- Prepayment penalties.
Violations:
- Failure to Provide Counseling: If the lender did not ensure you received the required government counseling, this could be grounds for legal action.
- Remedies: Borrowers may have the right to rescind certain high-cost loans or seek damages.
---

~Section for Your Document
Facts:
*. Introduction:
- I am the movant, currently facing imminent eviction from my primary residence due to an invalid foreclosure deed filed by debt collectors.
*. Background:
- Foreclosure and Bankruptcy Filing: I filed Chapter * bankruptcy to stop an illegal eviction based on a fraudulent foreclosure. Despite presenting evidence of the invalid foreclosure, the automatic stay was lifted.
- Fraud and Misrepresentation: My financial advisor misled me into signing documents under false pretenses, resulting in a promissory note and mortgage that I was not supposed to be responsible for, as per my divorce decree. A forensic accountant's analysis revealed extensive financial fraud and tax evasion conducted by my advisor and his associates.
- Legal Proceedings: I have a federal lawsuit filed against the parties involved for illegal foreclosure and criminal usury. However, the damages do not include fraud, limiting my ability to claim attorney's fees. Additionally, I have a state court action citing breach of fiduciary duty and violation of the Massachusetts High Cost Mortgage Loan law.
*. High Cost Mortgage Loan Violation:
- * Loan Agreement: In *, I signed a high-cost mortgage loan with a balloon payment due in *

do you want me to wait

It looks like you have a very complex and strong case with multiple legal angles. Here's the next section for your document regarding the High Cost Mortgage Loan Violation:
---

Section for Your Document
Facts:
*. Introduction:
- I am the movant, currently facing imminent eviction from myprimary residence due to an invalid foreclosure deed filed by debt collectors.
*. Background:
- Foreclosure and Bankruptcy Filing: I filed Chapter * bankruptcy to stop an illegal eviction based on a fraudulent foreclosure. Despite presenting evidence of the invalid foreclosure, the automatic stay was lifted.
- Fraud and Misrepresentation: My financial advisor misled me into signing documents under false pretenses, resulting in a promissory note and mortgage that I was not supposed to be responsible for, as per my divorce decree. A forensic accountant's analysis revealed extensive financial fraud and tax evasion conducted by my advisor and his associates.
- Legal Proceedings: I have a federal lawsuit filed against the parties involved for illegal foreclosure and criminal usury. However, the damages do not include fraud, limiting my ability to claim attorney's fees. Additionally, I have a state court action citing breach of fiduciary duty and violation of the Massachusetts High Cost Mortgage Loan law.
*. High Cost Mortgage Loan Violation:
- * Loan Agreement: In *, I signed a high-cost mortgage loan with a balloon payment due in 18 months. I did not have the ability to pay it as I was not employed. When the payment became due

are you still thinking

Hi! It seems like you have a lot on your plate, and you're doing a great job gathering all the necessary information. Here's the next section for your emergency motion regarding the High Cost Mortgage Loan Violation:
---

High Cost Mortgage Loan Violation

Overview:
Massachusetts regulates high-cost mortgage loans under Chapter 183C of the Massachusetts General Laws to protect consumers from predatory lending practices.

Key Provisions:
- Definition: A high-cost mortgage loan is defined by specific thresholds for interest rates and fees.
- Required Counseling: Borrowers must receive counseling from a HUD-approved agency before the loan is consummated.
- Prohibited Practices: Lenders cannot engage in certain practices, such as:
- Balloon payments (unless the loan term is longer than 15 years)
- Negative amortization
- Prepayment penalties

Violations:
- Failure to Provide Counseling: If the lender did not ensure you received the required government counseling, this could be grounds for legal action.
- Remedies: Borrowers may have the right to rescind certain high-cost loans or seek damages.
---

Section for Your Document

Facts:
*. Introduction:
- I am the movant,currently facing imminent eviction from my primary residence due to an invalid foreclosure deed filed by debt collectors.
*. Background:
- Foreclosure and Bankruptcy Filing: I filed Chapter * bankruptcy to stop an illegal eviction based on a fraudulent foreclosure. Despite presenting evidence of the invalid foreclosure, the automatic stay was lifted.
- Fraud and Misrepresentation: My financial advisor misled me into signing documents under false pretenses, resulting in a promissory note and mortgage that I was not supposed to be responsible for, as per my divorce decree. A forensic accountant's analysis revealed extensive financial fraud and tax evasion conducted by my advisor and his associates.
- Legal Proceedings: I have a federal lawsuit filed against the parties involved for illegal foreclosure and criminal usury. However, the damages do not include fraud, limiting my ability to claim attorney's fees. Additionally, I have a state court action citing breach of fiduciary duty and violation of the Massachusetts High Cost Mortgage Loan law.
*. High Cost Mortgage Loan Violation:
- * Loan Agreement: In *, I signed a high-cost mortgage loan with a balloon payment due in 18 months. I did not have the ability to pay it as I was not employed

is the above enough to file the motion for emergenccy to stay

It looks like you have compiled a comprehensive and strong case for filing an emergency motion to stay the eviction. Here is a quick checklist to ensure your document is complete:
*. Title and Caption:
- Emergency Motion to Stay Eviction
- Case number and court name
*. Introduction:
- Briefly state the purpose of the motion and the urgency
- Mention your stage * cancer diagnosis to emphasize the urgency
*. Facts:
- Introduction
- Background: Foreclosure and Bankruptcy Filing, Fraud and Misrepresentation, Legal Proceedings
- High Cost Mortgage Loan Violation: * Loan Agreement
*. Legal Grounds:
- Federal Rules of Bankruptcy Procedure Rule *
- Massachusetts Chapter *, Section * (usurious interest rates)
- Massachusetts Consumer Protection Act (Chapter 93A)
- Fair Debt Collection Practices Act (FDCPA)
- Massachusetts Chapter 183C (High Cost Mortgage Loans)
*. Supporting Evidence:
- Promissory note, mortgage documents, forensic accountant's report, etc.
*. Relief Sought:
- Request a stay of the eviction until the courtcan review your adversary proceeding.
Here's a concise summary for your emergency motion:

~Emergency Motion to Stay Eviction~
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email]
[Date]
United States Bankruptcy Court
District of Massachusetts
[Court Address]
Re: [Your Case Number]
Title: Emergency Motion to Stay Eviction
---
I. Introduction
This motion seeks an emergency stay of eviction to prevent irreparable harm while the court reviews substantial evidence of fraud and usury in the foreclosure process. Immediate relief is essential to prevent eviction, which would cause irreparable harm to the movant, who is currently facing imminent loss of their primary residence while also battling stage * cancer.
---
II. Facts
*. Introduction:
- I am the movant, currently facing imminent eviction from my primary residence due to an invalid foreclosure deed filed by debt collectors.
*. Background:
- Foreclosure and Bankruptcy Filing: I filed Chapter * bankruptcy to stop an illegal eviction based on a fraudulent foreclosure. Despite presenting evidence of the invalid foreclosure

is ther more?

Your case involves significant legal complexities and multiple violations, which strongly suggests that you should seek legal assistance. Here’s a final checklist to ensure you have all necessary components for your emergency motion:

Emergency Motion to Stay Eviction

[Your Name]

[Your Address]

[City, State, ZIP Code]

[Phone Number]

[Email]

[Date]

United States Bankruptcy Court

District of Massachusetts

[Court Address]

Re: [Your Case Number]

Title: Emergency Motion to Stay Eviction
---

II. Facts
*. Introduction:
- I am the movant, currently facing imminent eviction from my primary residence due to an invalid foreclosure deed filed by debt collectors.
*. Background:
- Foreclosure and Bankruptcy Filing: I filed Chapter * bankruptcy tostop an illegal eviction based on a fraudulent foreclosure. Despite presenting evidence of the invalid foreclosure, the automatic stay was lifted.
- Fraud and Misrepresentation: My financial advisor misled me into signing documents under false pretenses, resulting in a promissory note and mortgage that I was not supposed to be responsible for, as per my divorce decree. A forensic accountant's analysis revealed extensive financial fraud and tax evasion conducted by my advisor and his associates.
- Legal Proceedings: I have a federal lawsuit filed against the parties involved for illegal foreclosure and criminal usury. However, the damages do not include fraud, limiting my ability to claim attorney's fees. Additionally, I have a state court action citing breach of fiduciary duty and violation of the Massachusetts High Cost Mortgage Loan law.
*. High Cost Mortgage Loan Violation:
- * Loan Agreement: In *, I signed a high-cost mortgage loan with a balloon payment due in 18 months. I did not have the ability to pay it as I was not employed. When the payment became due, the lender did not notify me but instead accelerated the loan and compounded it for several years until they illegally foreclosed and filed the invalid foreclosure document in state court.
-

are you thinking?

It appears you have a strong case with multiple legal grounds to support your emergency motion to stay the eviction. Here's a final section to complete your document:

III. Legal Grounds
*. Federal Rules of Bankruptcy Procedure Rule *: Allows for motions in bankruptcy cases.
*. Massachusetts Chapter *, Section *: Prohibits usurious interest rates.
*. Massachusetts Consumer Protection Act (Chapter 93A): Covers unfair or deceptive acts.
*. Fair Debt Collection Practices Act (FDCPA): Regulates actions of debt collectors.
*. Massachusetts Chapter 183C: Regulates high-cost mortgage loans, including required counseling and prohibited practices.

IV. Supporting Evidence
- Promissory note
- Mortgage documents
- Forensic accountant's report
- Any other relevant documents

V. Relief Sought
- Requesting a stay of eviction until the court can review the adversary proceeding.

VI. Verification
- Sign and date the motion, and include your contact information.
Would you like any additional assistance with the final steps or any other part of your case?

I filed a motion for reconsideration on the Septmener *, * in this matter asking the judge to reconsider lifting the stay but he has not replied is this impiortant?

Yes, it's important. If the judge has not replied to your motion for reconsideration, you should follow up with the court. Here are some steps you can take:
- Contact the Court Clerk: Inquire about the status of your motion.
- File an Emergency Motion: If the situation is urgent, you can file an emergency motion to stay the eviction while your motion for reconsideration is pending.
Would you like more guidance on how to follow up or draft an emergency motion?

yes who will review the emergency motion to stay the eviction? will it be the same judge who has already shown bias?

In Massachusetts, an emergency motion to stay an eviction in bankruptcy court will typically be reviewed by the same judge who is overseeing your bankruptcy case. If you believe the judge has shown bias, you have the right to request the judge's recusal. However, this can be a complex process and should be carefully considered.
Would you like information on how to request a judge's recusal or further guidance on your emergency motion?

when the debtcollectors filed the motion to lift the stay on auhust 8th * I was not properly served. When i brough this to the attention to the judge rather than dismissing the case he held a hearing wherin I witnessed the judge giving the debt collectors legal advise on how to ammmend their motion which againhad been improperly served to me. What should I do in this matter?

If you believe the judge has shown bias and failed to properly handle the case, you have a few options:
- File a Motion for Recusal: Request the judge to recuse themselves from your case due to perceived bias.
- Appeal the Decision: Consider appealing the judge's decision to a higher court.
- Contact the Court Clerk: Inquire about the status of your motion and express your concerns.
Would you like more information on how to file a motion for recusal or appeal the decision?

i would like to finsh the motion for emergency to lift the stay do i cite that the state court violated my constutuional rights as I didnot get an opportinity to seek discovery of evidence from the debt collectors or anything.

Given the complexity and multiple legal angles of your case, it is highly advisable to pursue legal assistance. Here's how you can finish your emergency motion to lift the stay, incorporating the constitutional rights violation: