90 Day Cure Notice Discrepancy

Summary

A 90-day right to cure notice discrepancy in massachusetts bankruptcy cases involves mismatched addresses, lack of signatures, and potential fraud. The notice was sent to an incorrect address, and no signature confirmed receipt, indicating improper delivery. The undelivered notice confirmed default status when assigned to bnymt, suggesting unsecured debt. The opposing attorney allegedly filed altered information to mislead the court, violating massachusetts general laws chapter 244, section 35a. Constitutional rights violations, including due process, are highlighted under 18 usc § 241 and § 242. The user seeks an additional 10-day extension for document preparation, citing ada accommodations. Massachusetts judicial notice is governed by rule 201, allowing notice of facts generally known or verifiable. The user aims to revise a motion for an evidentiary hearing and judicial notice, correcting previous inefficiencies.

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In the summary judgment affidavit, Exhibit J, attorney Fumarola provides the bar code and tracking number for the mandatory 90 day right to cure document supposedly sent to Alton King and Terri Mayes-King by registered mail at * Memery Lane Longmeadow, MA * (See pp. *-*). However, in exhibit H, the actual delivery was made to an address in east Longmeadow, MA. The barcode number ” * *” and the address do not match the delivery location. There were no signatures confirming receipt of the registered mail, Ironically, the undelivered * Day Right to Cure confirms that the note was in default when assigned to BNYMT on December *, *, indicating the debt collector’s unsecured status. This is a clear indication of three counts of “fraud upon the court”:
Hey Alton! Here are some points you might want to address in your brief regarding the *-day right to cure deception:
- Mismatch in Addresses: Highlight the discrepancy between the address on the registered mail and the actual delivery location.
- Lack of Signature: Emphasize the absence of signatures confirming receipt.
- Default Status: Point out that the undelivered *-day notice confirms the default status at the time of assignment to BNYMT.
- Fraud Upon the Court: Argue how these inconsistencies and lack of proper delivery procedures amount to fraud upon the court.
Is there any specific part you need more detailed information on?
The opposing attorney filed this Altered Fraudulent information in his affidavit for summary judgment to gain a favorable result
Hi Alton! It looks like you have a strong argument against the summary judgment. Here are a few more points you might want to include in your brief:
- Intent to Deceive: Argue that the opposing attorney intentionally filed altered information to mislead the court.
- Prejudice: Demonstrate how this fraudulent information prejudices your case and affects the court's decision.
Would you like to be connected to local lawyers who can better assist you with this case?
Can you Restructure this Summary judgment argument Including the attorney
Case Rating: *
Here is a restructured version of your summary judgment argument:
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Summary Judgment Argument: *-Day Right to Cure Deception
*. Mismatch in Addresses
- Evidence: Exhibit J, Attorney Fumarola provides the bar code and tracking number for the mandatory *-day right to cure document supposedly sent to Alton King and Terri Mayes-King by registered mail at * Memery Lane, Longmeadow, MA * (See pp. *-*).
- Discrepancy: In Exhibit H, the actual delivery was made to an address in East Longmeadow, MA. The barcode number “* *” and the address do not match the delivery location.
*. Lack of Signature
- Absence of Confirmation: There were no signatures confirming receipt of the registered mail. This indicates that the *-day right to cure notice was not properly delivered.
*. Default Status Confirmation
- Undelivered Notice: The undelivered *-day right to cure notice confirms that the note was in default when assigned to BNYMT on December *, *. This indicates the debt collector’s unsecured status.