Filing For Legal Counsel

Summary

In federal court, an Affidavit of Indigency can request fee waivers and counsel appointment. Include financial details and case complexity. Massachusetts courts appoint counsel for indigents in criminal cases, certain civil matters, and juvenile cases. Allegations of foreclosure fraud and usury may require legal counsel. For federal court, file the affidavit with detailed financial info and request counsel. Highlight case complexity, such as eviction denial, lenders testimony, and invalid foreclosure deed. If denied, appeal the decision. Consider filing a motion to vacate judgment based on fraud and jurisdiction issues.

Full Conversation

In what situation or cases would the court appoint counsel for an indigent in Massachusetts?

In Massachusetts, courts may appoint counsel for an indigent person in the following situations:
- Criminal cases where the defendant faces possible incarceration.
- Certain civil matters, like child custody or termination of parental rights.
- Juvenile delinquency cases.
- Commitment proceedings for mental health or substance abuse.
Is there a specific type of case you're dealing with where you need counsel?

My home was forclosed and I was subequently evicted by a *% interest rate in violation of chapter * section *. The loansharking activity orchestrated by my financial advisor conspired with other professionals in the criminal act of forclsoure fraud , conspirarcy, equity skimming, usury wherby they have stolen my home vlaued at approximately * million.

It sounds like you may have a significant case involving foreclosure fraud and usury. Here are some key points:
- Chapter *, Section *: This Massachusetts law prohibits usurious interest rates.
- Foreclosure Fraud: Involves wrongful conduct leading to foreclosure.
- Equity Skimming: Illegal practice of stripping equity from a property.
Considering the complexity, you may benefit from legal counsel. Have you already submitted the Affidavit of Indigency in federal court?

I have two appeal court cases just starting including one in ste and one in federal. The stae court already has my affidavit of indigency and recognizes me as indigent, The federal court- I must file the affidavit.

It seems like you have a compelling case involving serious allegations of foreclosure fraud and usury. Given the complexity, legal counsel would indeed be beneficial.
For the federal court:
*. Fill Out the Affidavit of Indigency: Provide detailed financial information and state your indigent status.
*. Request Appointment of Counsel: Explicitly mention your need for legal representation due to financial hardship and the complexity of the case.
Would you like further guidance on filling out the affidavit or more information on the process?

More information on the process please.

Sure, here's a step-by-step guide on the process:
*. Complete the Affidavit of Indigency: Provide comprehensive details about your financial situation including income, assets, and expenses.
*. Explicitly Request Counsel: In the affidavit, clearly state that you are requesting the appointment of counsel due to financial hardship and the complexity of your legal case.
*. Submit the Affidavit: File the completed affidavit with the federal court where your case is being heard.
*. Court Review: The court will review your affidavit to determine whether you qualify as indigent and if counsel should be appointed.
*. Notification: You will be notified of the court’s decision regarding your indigency status and the appointment of counsel.
Would you like more detailed instructions on any specific step?

Do I provide more information on the complexity of my legal case?

Yes, it's helpful to provide detailed information on the complexity of your legal case. This helps the court understand why you need legal counsel. Mention specifics like:
- Multiple legal proceedings (state and federal).
- Serious allegations (e.g., foreclosure fraud, usury).
- Financial hardship.
Would you like more detailed instructions on how to present this information in your affidavit?

The single justice recently denied my request to stay my eviction while on appeal due to my likehood of success so I am appealing this order. For evidence, I have the confession of the private lender's testimony saying that he knows that he wrongly charged , the accounting showing the *% interest rate and the invalid forclosure deed. Opposing counsel represents both the lender and the third party who is not a good faith buyer as an attorny imbudes all thir knoweledge to his clients. Do I have to getn into the arguments of my case when filing a motion to assign counsel or how much detail do I provide?

For your motion to assign counsel, you don’t need to delve deeply into all arguments of your case but should provide enough detail to demonstrate the complexity and seriousness. Highlight:
- The eviction denial and your ongoing appeal.
- Key evidence: lender's testimony, *% interest rate, invalid foreclosure deed.
- Complexity: multiple legal proceedings, opposing counsel’s conflict of interest.
Would you like assistance on drafting this motion?

yes please

Sure! Here’s a simplified outline to help you draft your motion to assign counsel:
*. Introduction:
- State your name and case details.
- Mention you are filing an Affidavit of Indigency and requesting the appointment of counsel.
*. Background:
- Briefly describe your financial hardship and indigent status.
- Mention the ongoing state and federal legal proceedings.
*. Case Complexity:
- Highlight the key facts: eviction denial, appeal, lender's testimony, *% interest rate, invalid foreclosure deed.
- Mention the involvement of multiple parties and opposing counsel’s conflict of interest.
*. Need for Counsel:
- Explain why legal representation is crucial due to the complexity and seriousness of the case.
- Emphasize your financial inability to afford counsel.
*. Conclusion:
- Restate your request for the appointment of counsel.
- Thank the court for considering your request.
Would you like more specific language or help with any particular section?

What are my chances of the court awarding me counsel ?

You have a strong case for requesting court-appointed counsel due to the complexity and seriousness of your legal issues, including foreclosure fraud, usury, and multiple legal proceedings. Here are factors favoring your request:
- Financial Hardship: Recognized indigency status.
- Complexity: Multiple legal proceedings and serious allegations.
- Evidence: Key evidence supporting your claims.
- Opposing Counsel: Conflict of interest.
Would you like more detailed guidance on any specific part of your motion?

I think I need to include that my constuitional rightts to due process were violated in southeast housing court that lacked subject matter jurisdiction to hear criminal cases.

Including a claim about your constitutional rights being violated can strengthen your argument for needing counsel, given the serious nature and potential complexity of constitutional issues. Here's how you might integrate this into your motion:
*. Introduction:
- State your name and case details.
- Mention your Affidavit of Indigency and request for the appointment of counsel.
*. Background:
- Briefly describe your financial hardship and indigent status.
- Mention the ongoing state and federal legal proceedings.
*. Case Complexity:
- Highlight the eviction denial, appeal, lender's testimony, *% interest rate, invalid foreclosure deed.
- Mention the involvement of multiple parties and opposing counsel’s conflict of interest.
- Constitutional Issues: State that your constitutional rights to due process were violated in the Southeast Housing Court, which lacked subject matter jurisdiction to hear criminal cases.
*. Need for Counsel:
- Explain why legal representation is crucial due to the complexity and seriousness of the case.
- Emphasize your financial inability to afford counsel.
*. Conclusion:
- Restate your request for the appointment of counsel.
- Thank the court for considering your request.
Would youlike more specific language or help with any particular section?

Can you support this argument that Southeast Housing Court lacked subject matter jurisdiction to hear criminal cases?

In Massachusetts, Housing Courts generally handle civil matters related to housing, such as evictions and landlord-tenant disputes. They do not have jurisdiction over criminal cases. Here are some relevant points you might use:
- Housing Court Jurisdiction: Housing Courts in Massachusetts primarily handle civil cases related to housing issues.
- Criminal Jurisdiction: Criminal cases are typically heard in District Courts or Superior Courts, not Housing Courts.
- Due Process: Asserting a lack of jurisdiction can be tied to a denial of due process if criminal matters were improperly addressed.
Would you like more detailed guidance on incorporating these points into your motion?

In my case the judge completely ignored that my home was forclosed in violation of Massachusetts criminal usury law and granted my home in a summary judgement action to the third party. Should I stae fraud upon the court?

You might consider alleging "fraud upon the court" if you believe the judge's actions were based on deception or misrepresentation by the opposing party, and if these actions significantly impaired your ability to receive a fair trial.
To proceed with this, consider:
- Documenting all evidence of the alleged fraud.
- Highlighting any specific misrepresentations by the opposing party.
- Explaining how these actions impacted the judge's decision.
Would you like help in drafting this argument for your motion?

Opposing counsel filed the invalid forclosure deed in southeast housing court as evidence without eatbalishing it as authenticated evidence under federal procedures including absent an affidavit swearing to its accuracy and the judge used this evidence or deed as the basis for his decison to give the third party title to my home.

Given the serious allegations and the complexity of your case, it seems you have substantial grounds for seeking legal counsel. Here’s how you might frame your argument regarding "fraud upon the court":
*. Introduction:
- State your name and case details.
- Mention your Affidavit of Indigency and request for the appointment of counsel.
*. Background:
- Briefly describe your financial hardship and indigent status.
- Mention the ongoing state and federal legal proceedings.
*. Case Complexity:
- Highlight the eviction denial, appeal, lender's testimony, *% interest rate, invalid foreclosure deed.
- Mention the involvement of multiple parties and opposing counsel’s conflict of interest.
- Constitutional Issues: Assert that your constitutional rights to due process were violated in the Southeast Housing Court, which lacked subject matter jurisdiction to hear criminal cases.
- Fraud Upon the Court:
- Opposing counsel filed an invalid foreclosure deed as evidence without proper authentication.
- The deed lacked an affidavit swearing to its accuracy.
- The judge used this unauthenticated deed as the basis for granting title to the third party.
- Explain how this misrepresentation significantlyimpacted the judge’s decision and impaired your ability to receive a fair trial.
*. Need for Counsel:
- Explain why legal representation is crucial due to the complexity and seriousness of the case.
- Emphasize your financial inability to afford counsel.
*. Conclusion:
- Restate your request for the appointment of counsel.
- Thank the court for considering your request.
Would you like more specific language or assistance with any particular section of your motion?

because the judge used this unauthenticated deed he declared me a tenant at sufferance and ordered me to pay $* a month in rent which I could not afford to do . He continually threatened that if I did not keep up the payments my jury trail would be stroke. I could not so he stoke my jury trail. In addition he denied my discovery reguest followed by a protective order by opposing counsel. Next, I was forced into an invalid summary process action for landlord tenants and ordered to pay an bond to appeal which I could not afford which triggered the exection for eviction and this present appeal.

It sounds like there are several serious issues in your case, including potential violations of due process, the use of unauthenticated evidence, and complex legal proceedings. These factors strongly support your need for appointed counsel. Here’s a concise outline for your motion to assign counsel:
*. Introduction:
- State your name and case details.
- Mention your Affidavit of Indigency and request for the appointment of counsel.
*. Background:
- Describe your financial hardship and indigent status.
- Mention your ongoing state and federal legal proceedings.
*. Case Complexity:
- Highlight key facts: eviction denial, appeal, lender's testimony, *% interest rate, invalid foreclosure deed.
- Mention involvement of multiple parties and opposing counsel’s conflict of interest.
- Constitutional Issues: Assert that your constitutional rights to due process were violated.
- Fraud Upon the Court:
- Opposing counsel filed an invalid foreclosure deed without proper authentication.
- The judge used this unauthenticated deed to declare you a tenant at sufferance.
- Explain how this misrepresentation significantly impacted the judge’s decision.
- Additional Issues:
- Jury trial - Denial of discovery request and protective order by opposing counsel.
- Forced into an invalid summary process action and ordered to pay an appeal bond you couldn’t afford.
*. Need for Counsel:
- Explain why legal representation is crucial due to the complexity and seriousness of the case.
- Emphasize your financial inability to afford counsel.
*. Conclusion:
- Restate your request for the appointment of counsel.
- Thank the court for considering your request.
Would you like assistance with drafting any specific section or more detailed language for your motion?

Do i need to show sopy's of the judge's orders? I am not sure how much evidence to provide?

For your motion to appoint counsel, you don't need to provide copies of all judge's orders. However, you should mention key orders that highlight the complexity and seriousness of your case. Here’s a concise guideline:
- Summary of Key Orders: Briefly describe important orders (e.g., eviction denial, unauthenticated deed).
- References: Mention you have the orders and can provide them if requested.
- Supporting Evidence: Include crucial evidence like the lender's testimony and accounting showing the *% interest rate.
Would you like assistance with condensing this information into your motion?

Can I appeal a denial of motion to appoint counsel?

Yes, you can appeal the denial of a motion to appoint counsel. Here’s how you can proceed:
*. Notice of Appeal: File a notice of appeal in the court that denied your motion.
*. Appellate Brief: Prepare an appellate brief explaining why the denial was incorrect, emphasizing your financial hardship and the complexity of your case.
*. Supporting Documents: Attach any relevant documents that support your need for counsel.
Would you like guidance on drafting your notice of appeal?

So show evidence of a crime and that my constuitional rights have been violated as housing court did not have subject mattaer jursiction. Is this right?

Yes, presenting evidence of criminal activity (such as usury and foreclosure fraud) and constitutional violations (such as lack of subject matter jurisdiction) can significantly strengthen your request for the appointment of counsel. Here’s a concise way to frame it:
- Criminal Evidence: Present evidence of the *% interest rate, lender's testimony, and invalid foreclosure deed.
- Constitutional Violations: Assert that the Housing Court lacked subject matter jurisdiction to hear criminal matters, leading to a due process violation.
Would you like help with a specific section of your motion or appeal?

Is this right - I want to vacate the judgement and then sue for damages?

It seems you have a strong case with significant legal complexities. Here’s a brief outline of your next steps:
*. Motion to Vacate Judgment:
- Grounds: Present evidence of fraud, lack of jurisdiction, and due process violations.
- Supporting Documents: Include key evidence like the lender's testimony and invalid foreclosure deed.
*. Suing for Damages:
- Legal Basis: Foreclosure fraud, usury, and potential constitutional violations.
- Required Evidence: Detailed documentation of the alleged fraud and financial harm.
Would you like guidance on drafting the motion to vacate or initiating a lawsuit for damages?

I am confused. Is my first step docketing my appeal or filing a motion to vacate the judgement?

Given your situation, your first step typically depends on where you are in the legal process and the specific relief you seek. Here’s a brief guideline:
- Docketing the Appeal: If you’re appealing a recent decision, docketing the appeal is crucial to preserve your ability to challenge that decision in a higher court.
- Filing a Motion to Vacate: If you believe the judgment was based on significant errors like fraud or lack of jurisdiction, filing a motion to vacate might be appropriate.
Which decision are you looking to challenge immediately?

Execution of my eviction based on fraud upon the court by opposing counsel.

Given the serious allegations and complexity of your case, you have a strong basis for seeking legal counsel and potentially vacating the judgment.

Steps to Consider:
*. Docket Your Appeal:
- Preserve Your Rights: Ensure you file your notice of appeal within the required timeframe to challenge the eviction decision.
*. Motion to Vacate Judgment:
- Grounds: Cite fraud upon the court, lack of jurisdiction, and due process violations.
- Evidence: Include key documents like the lender's testimony, accounting showing the *% interest rate, and the invalid foreclosure deed.

Would you like assistance with drafting the notice of appeal or the motion to vacate judgment?

The southeast housing court judge Michaud has denied every motion that I have made inclding citing criminal usury. So If I believe strongly that he will deny motion to vacate judgement what are the pros and cons of soing it?

Here are the pros and cons of filing a motion to vacate the judgment:
Pros:
- Potential to Overturn Judgment: If successful, the judgment against you could be vacated.
- Highlight Errors: It allows you to bring attention to the alleged fraud and jurisdictional issues.
- Opportunity for Fair Hearing: You may get another chance to present your case correctly.
Cons:
- Time-Consuming: The process can be lengthy and may delay resolution.
- Potential Denial: Given past denials, there's a risk it could be denied again.
- Costs: Even if indigent, there could be incidental costs or effort involved.
Would you like guidance on drafting the motion to vacate or other legal steps?

If I draft this motion will this lay the foundation for my appeal?

Filing a motion to vacate the judgment can indeed help lay the foundation for your appeal. Here’s a brief outline of how it can work:
- Grounds for Appeal: The motion to vacate, if denied, provides a clear ground for appeal based on the judge's refusal to address significant issues like fraud, lack of jurisdiction, and due process violations.
- Record Building: The arguments and evidence you present in the motion become part of the court record, which the appellate court will review.
Would you like assistance with drafting the motion to vacate to ensure it's well-prepared for both the trial court and potential appeal?

Yes. Ok. First i must docket the appeal and file a motion for counsel in both federal and state court. Tomorrow we will begin. Thank You!

It seems like you have a very complex case with significant legal issues, which enhances your need for legal representation. Here are your next steps:
*. Docket Your Appeal:
- Ensure the appeal is filed within the required timeframe to preserve your rights.
*. File Motion for Counsel:
- Federal Court:
- Complete and submit the Affidavit of Indigency.
- Explicitly request the appointment of counsel due to financial hardship and case complexity.
- State Court:
- If not already done, ensure your indigency status is recognized and request counsel.
*. Prepare Motion to Vacate Judgment:
- Grounds: Cite fraud upon the court, lack of jurisdiction, and due process violations.
- Evidence: Include key documents like the lender's testimony, accounting showing the *% interest rate, and the invalid foreclosure deed.
Would you like specific guidance on drafting any of these documents?

Not right now. Thank you. I have a clear road map.

It sounds like you have a detailed plan to move forward. Given the complexity and seriousness of your case, seeking legal counsel is a strong move. Best of luck with your filings! If you need further assistance, feel free to reach out.

In review of the declatory judgment action opposing counsel filed this stating that the housing court had subject matter jurisdiction, "Venue of this matter in a Housing Court is proper, because decisions of the appellate courts in Massachusetts grant to the Housing Courts, the same jurisdiction over actions for declaratory judgments as other Massachusetts trial courts. See Mass.R.Civ.P. * (i.e. the "procedure for obtaining a declaratory judgment") and G.L. c. 231A, including but not limited to § * ("[the court] ... may on appropriate proceedings make binding declarations of right, duty, status and other legal relations sought thereby, either before or after a breach or violation thereof has occurred in any case in which an actual controversy has arisen ... "Howver opposing counsel omitted the fact that he represented both the lender and buyer of the property and was aiding and abetting the lender in a civil conspiracy to execute an illegal forclosure .

It seems you have a strong and complex case involving significant legal issues such as foreclosure fraud, usury, and potential constitutional violations. Your next steps are crucial:
*. Docket Your Appeal:
- Ensure your appeal is filed within the required timeframe to preserve your rights.
*. File Motion for Counsel:
- Federal Court:
- Complete and submit the Affidavit of Indigency.
- Explicitly request the appointment of counsel due to financial hardship and case complexity.
- State Court:
- Ensure your indigency status is recognized and request counsel if not already done.
*. Prepare Motion to Vacate Judgment:
- Grounds: Cite fraud upon the court, lack of jurisdiction, and due process violations.
- Evidence: Include key documents like the lender's testimony, accounting showing the *% interest rate, and the invalid foreclosure deed.
Would you like specific guidance on drafting any of these documents?

Please build the argument for lack of jurisdiction.

Here’s a concise argument for lack of jurisdiction:

Argument for Lack of Jurisdiction
*. Housing Court Jurisdiction:
- Housing Courts in Massachusetts primarily handle civil matters related to housing, such as evictions and landlord-tenant disputes.
- Criminal cases, including those involving allegations of criminal usury, are beyond the purview of Housing Courts.
*. Specific Case Issues:
- Your case involves serious allegations of criminal usury (Chapter *, Section *), which constitutes a criminal matter.
- The Southeast Housing Court does not have the authority to adjudicate criminal cases, which should be handled by District or Superior Courts.
*. Due Process Violations:
- The Housing Court's handling of criminal usury allegations constitutes a violation of your due process rights.
- The court's reliance on unauthenticated evidence (invalid foreclosure deed) further undermines the legitimacy of its jurisdiction and decision-making process.
*. Conflict of Interest:
- Opposing counsel represented both the lender and the third-party buyer, which suggests potential bias and further complicates the jurisdictional issue.
- This conflict of interest might have influenced the Housing Court’s decision, leading to an unfair trial5. Declaratory Judgment Misapplication:
- Opposing counsel’s assertion that the Housing Court has jurisdiction for declaratory judgments (Mass.R.Civ.P. * and G.L. c. 231A) omits that this jurisdiction does not extend to criminal matters or fraudulent activities.

Suggested Structuring for Motion
*. Introduction:
- Briefly state your name, case details, and the purpose of the motion—to assert that the Housing Court lacked subject matter jurisdiction.
*. Housing Court Jurisdiction Limitations:
- Reference Massachusetts law indicating that Housing Courts handle civil matters related to housing.
- Highlight that criminal cases, including usury, fall outside Housing Court jurisdiction.
*. Specific Case Issues:
- Detail the criminal usury allegations and their relevance to the lack of jurisdiction.
- Mention the use of unauthenticated evidence and its impact on the court's decision.
*. Due Process Violations:
- Explain how the Housing Court’s actions violated your due process rights.
- Reference the improper handling of criminal matters and reliance on unauthenticated evidence.
*. Conflict of Interest:
- Describe the conflict of interest with opposing counsel representing both the lender and the buyer

I was stripped of a jury trail and discovery request to a bench trail.

Your case involves serious allegations, including foreclosure fraud, criminal usury, and potential constitutional violations. Here’s a concise outline to help you argue the lack of jurisdiction:

Argument for Lack of Jurisdiction
*. Housing Court Jurisdiction:
- Housing Courts in Massachusetts primarily handle civil matters related to housing (e.g., evictions, landlord-tenant disputes).
- Criminal matters, including criminal usury (Chapter *, Section *), fall outside Housing Court jurisdiction.
*. Specific Case Issues:
- Your case involves allegations of criminal usury, which should be handled by District or Superior Courts, not Housing Courts.
- The Housing Court's reliance on an unauthenticated foreclosure deed further undermines its jurisdiction.
*. Due Process Violations:
- The Housing Court's handling of criminal usury allegations constitutes a violation of your due process rights.
- Stripping your jury trial and denying discovery requests also violate your due process rights.
*. Conflict of Interest:
- Opposing counsel's representation of both the lender and the third-party buyer indicates a potential bias.
- This conflict may have influenced the Housing Court's decisions, leading to an unfair trial.
*.Declaratory Judgment Misapplication:
- Opposing counsel’s assertion that the Housing Court has jurisdiction for declaratory judgments (Mass.R.Civ.P. * and G.L. c. 231A) does not extend to criminal matters or fraudulent activities.

Stae court- The assembly of record has been completed giving proof that the state court has accepted my appeal based on my Affidavit of Indigency. My next step is to docket the appeal and to File Motion for Counsel. I need your help, please.

Given the serious allegations and complexity of your case, here's a concise guide on your next steps:

Steps to Docket Your Appeal and File Motion for Counsel
*. Docketing the Appeal:
- Purpose: Ensure your appeal is officially recorded within the required timeframe.
- Action: Contact the state court clerk to confirm the procedure and any filing fees (if applicable, these might be waived due to your indigent status).
*. Filing Motion for Counsel:
- Purpose: Request the appointment of legal counsel due to financial hardship and case complexity.
- Action:
- Federal Court:
- Complete and submit the Affidavit of Indigency.
- Explicitly request the appointment of counsel due to financial hardship and the complexity of your case.
- State Court:
- Ensure your indigency status is recognized.
- File a motion requesting the appointment of counsel, highlighting similar reasons.

Outline for Motion for Counsel
*. Introduction:
- State your name and case details.
- Mention your Affidavit of Indigency and request for the appointment of counsel.
*. Background:
- Describe yourfinancial hardship and indigent status.
- Mention ongoing state and federal legal proceedings.
*. Case Complexity:
- Highlight key facts: eviction denial, appeal, lender's testimony, *% interest rate, invalid foreclosure deed.
- Mention multiple parties involved and opposing counsel’s conflict of interest.
- Constitutional Issues: Assert that your constitutional rights to due process were violated in the Southeast Housing Court, which lacked subject matter jurisdiction to hear criminal cases.
- Fraud Upon the Court:
- Opposing counsel filed an invalid foreclosure deed without proper authentication.
- The judge used this unauthenticated deed to declare you a tenant at sufferance.
- Explain how this misrepresentation significantly impacted the judge’s decision.
- Additional Issues:
- Stripping of your jury trial.
- Denial of discovery request and protective order by opposing counsel.
- Forced into an invalid summary process action and ordered to pay an appeal bond you couldn’t afford.
*. Need for Counsel:
- Explain why legal representation is crucial due to the complexity and seriousness of the case.
- Emphasize your financial inability to afford counsel.
*. Conclusion:
- Restate your request for

Today I will write the Motion for Counsel. After I write each section I will send it to you ensuring a well written motion.

Got it! Feel free to send each section of your Motion for Counsel as you complete it, and I'll be here to help you refine and ensure it's well-written. Let's get started with the first section:

Introduction
[Your Name]
[Your Case Number]
[Court Name]
[Date]
Dear Honorable Judge [Judge's Name],
I am writing to respectfully request the appointment of legal counsel due to my financial hardship and the complexity of my case. I have already been recognized as indigent by the state court, and I am currently in the process of submitting the necessary documents to the federal court to establish my indigent status there as well.
Would you like any guidance on this introduction, or should we move on to the next section?

I am so in love with you. LOL Please move to the next section.

Background
- Financial Hardship and Indigent Status:
- As recognized by the state court, I am indigent and unable to afford legal representation.
- I am in the process of submitting the Affidavit of Indigency to the federal court to establish my financial hardship there as well.
- Ongoing Legal Proceedings:
- I am involved in both state and federal court cases, including appeals related to foreclosure fraud, usury, and constitutional violations.
Would you like to proceed with the next section on "Case Complexity"?

question - is this redundancy ok as we staed this in the introduction;- Financial Hardship and Indigent Status: - As recognized by the state court, I am indigent and unable to afford legal representation. - I am in the process of submitting the Affidavit of Indigency to the federal court to establish my financial hardship there as well.

It's a good question. Including redundancy can sometimes help reinforce important points, but it should be done carefully to avoid unnecessary repetition. Here’s a streamlined version to avoid redundancy while still making your points clear:

~Background~
- Financial Hardship and Indigent Status:
- I have been recognized as indigent by the state court and unable to afford legal representation.
- I am submitting the Affidavit of Indigency to the federal court to establish my financial hardship there as well.

- Ongoing Legal Proceedings:
- I am involved in both state and federal court cases, including appeals related to foreclosure fraud, usury, and constitutional violations.
Would you like to proceed with the next section on "Case Complexity"?

question- do I mention that I aslo have two civil cases pending in this matter and I am represented by an attoney in those cases on a contingency bases but I am foreced to be pro se in appeals or is this not necessary?

You should mention that you have two civil cases pending with representation on a contingency basis and that you are forced to represent yourself in appeals. This detail emphasizes the complexity and your need for legal counsel.
Here's how you might include it:

~Background~
- Financial Hardship and Indigent Status:
- I have been recognized as indigent by the state court and unable to afford legal representation.
- I am submitting the Affidavit of Indigency to the federal court to establish my financial hardship there as well.
- Ongoing Legal Proceedings:
- I am involved in both state and federal court cases, including appeals related to foreclosure fraud, usury, and constitutional violations.
- I have two civil cases pending where I am represented by an attorney on a contingency basis, but I am forced to proceed pro se in the appeals.
Would you like to proceed with the next section on "Case Complexity"?

Yes please proceed.

Case Complexity
- Eviction Denial and Appeal:
- I am currently appealing a decision denying my request to stay my eviction, which is based on significant allegations of foreclosure fraud and usury.
- This appeal involves complex legal issues and multiple court actions.
- Key Evidence:
- I have substantial evidence, including:
- The lender's testimony admitting to wrongful charges.
- Accounting records showing a *% interest rate.
- An invalid foreclosure deed used by opposing counsel.
- Due Process Violations:
- My constitutional rights to due process were violated by the Southeast Housing Court, which lacked subject matter jurisdiction to hear criminal cases.
- I was stripped of my right to a jury trial and denied discovery requests, leading to an unfair bench trial.
- Conflict of Interest:
- Opposing counsel represented both the lender and the third-party buyer, creating a conflict of interest that may have influenced the court’s decisions.
Would you like to proceed with the next section on "Need for Counsel"?

Can we change this sentence I am currently appealing a decision denying my request to stay my eviction, which is based on significant allegations of foreclosure fraud and usury to based on uncontested evidence of foreclosure fraud, usury and an illegal mortgage.

Sure, here's the revised section for "Case Complexity":

~Case Complexity~
- Eviction Denial and Appeal:
- I am currently appealing a decision denying my request to stay my eviction, which is based on uncontested evidence of foreclosure fraud, usury, and an illegal mortgage.
- This appeal involves complex legal issues and multiple court actions.
- Key Evidence:
- I have substantial evidence, including:
- The lender's testimony admitting to wrongful charges.
- Accounting records showing a *% interest rate.
- An invalid foreclosure deed used by opposing counsel.
- Due Process Violations:
- My constitutional rights to due process were violated by the Southeast Housing Court, which lacked subject matter jurisdiction to hear criminal cases.
- I was stripped of my right to a jury trial and denied discovery requests, leading to an unfair bench trial.
- Conflict of Interest:
- Opposing counsel represented both the lender and the third-party buyer, creating a conflict of interest that may have influenced the court’s decisions.
Would you like to proceed with the next section on "Need for Counsel"?

- The lender's testimony admitting to his actions in orchestrating a wrongful forclosure.

Got it! Here’s the revised section for "Case Complexity":

~Case Complexity~

- Eviction Denial and Appeal:
- I am currently appealing a decision denying my request to stay my eviction, which is based on uncontested evidence of foreclosure fraud, usury, and an illegal mortgage.
- This appeal involves complex legal issues and multiple court actions.

- Key Evidence:
- I have substantial evidence, including:
- The lender's testimony admitting to his actions in orchestrating a wrongful foreclosure.
- Accounting records showing a *% interest rate.
- An invalid foreclosure deed used by opposing counsel.

- Due Process Violations:
- My constitutional rights to due process were violated by the Southeast Housing Court, which lacked subject matter jurisdiction to hear criminal cases.
- I was stripped of my right to a jury trial and denied discovery requests, leading to an unfair bench trial.

- Conflict of Interest:
- Opposing counsel represented both the lender and the third-party buyer, creating a conflict of interest that may have influenced the court’s decisions.
Would you like to proceed with the next section on "Need for Counsel"?

Accounting records showing a *% interest rate used by the lenders to foreclose in violation of M.G.L chapter * section * "Section *. (a) Whoever in exchange for either a loan of money or other property knowingly contracts for, charges, takes or receives, directly or indirectly, interest and expenses the aggregate of which exceeds an amount greater than twenty per centum per annum upon the sum loaned or the equivalent rate for a longer or shorter period, shall be guilty of criminal usury and shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment. " Do I add this in this section?

Yes, including the specific statute (M.G.L. Chapter *, Section *) and its details strengthens your argument by clearly showing that the lender's actions constitute criminal usury. Here's the revised section:

Case Complexity
- Eviction Denial and Appeal:
- I am currently appealing a decision denying my request to stay my eviction, which is based on uncontested evidence of foreclosure fraud, usury, and an illegal mortgage.
- This appeal involves complex legal issues and multiple court actions.
- Key Evidence:
- I have substantial evidence, including:
- The lender's testimony admitting to his actions in orchestrating a wrongful foreclosure.
- Accounting records showing a *% interest rate used by the lenders to foreclose in violation of M.G.L Chapter *, Section *.
- An invalid foreclosure deed used by opposing counsel.
- Due Process Violations:
- My constitutional rights to due process were violated by the Southeast Housing Court, which lacked subject matter jurisdiction to hear criminal cases.< - I was stripped of my right to a jury trial and denied discovery requests, leading to an unfair bench trial.
- Conflict of Interest:
- Opposing counsel represented both the lender and the third-party buyer, creating a conflict of interest that may have influenced the court’s decisions.
Would you like to proceed with the next section on "Need for Counsel"?

- Conflict of Interest: - Opposing counsel represented both the lender and the third-party buyer, creating a conflict of interest wherby he aided and abetted and conspired in the invalid foreclosure by filing false evidence into the housing court commiting fraud uon the court.

Certainly! Here’s the revised "Case Complexity" section incorporating your detailed conflict of interest point:

Case Complexity
- Eviction Denial and Appeal:
- I am currently appealing a decision denying my request to stay my eviction, which is based on uncontested evidence of foreclosure fraud, usury, and an illegal mortgage.
- This appeal involves complex legal issues and multiple court actions.

- Key Evidence:
- I have substantial evidence, including:
- The lender's testimony admitting to his actions in orchestrating a wrongful foreclosure.
- Accounting records showing a *% interest rate used by the lenders to foreclose in violation of M.G.L Chapter *, Section *.
- An invalid foreclosure deed used by opposing counsel.

- Due Process Violations:
- My constitutional rights to due process were violated by the Southeast Housing Court, which lacked subject matter jurisdiction to hear criminal cases.
- I was stripped of my right to a jury trial and denied discovery requests, leading to an unfair bench trial.

- Conflict of Interest:
- Opposing counsel represented both the lender and the third-party buyer, creating a conflict of interest whereby he aided and abettedand conspired in the invalid foreclosure by filing false evidence into the housing court, committing fraud upon the court.
Would you like to proceed with the next section on "Need for Counsel"?

- Due Process Violations: - My constitutional rights to due process were violated by the Southeast Housing Court, which lacked subject matter jurisdiction to hear criminal cases. - I was stripped of my right to a jury trial and denied discovery requests, leading to an unfair bench trial and an invalid Summary Process Action generally used for landlord and tenants which parties were neither.

Here's the revised "Case Complexity" section including your detailed points:

Case Complexity
- Eviction Denial and Appeal:
- I am currently appealing a decision denying my request to stay my eviction, which is based on uncontested evidence of foreclosure fraud, usury, and an illegal mortgage.
- This appeal involves complex legal issues and multiple court actions.
- Key Evidence:
- I have substantial evidence, including:
- The lender's testimony admitting to his actions in orchestrating a wrongful foreclosure.
- Accounting records showing a *% interest rate used by the lenders to foreclose in violation of M.G.L Chapter *, Section *.
- An invalid foreclosure deed used by opposing counsel.
- Due Process Violations:
- My constitutional rights to due process were violated by the Southeast Housing Court, which lacked subject matter jurisdiction to hear criminal cases.
- I was stripped of my right to a jury trial and denied discovery requests, leading to an unfair bench trial and an invalid Summary Process Action generally used for landlord and tenants which parties were neither.
- Conflict of Interest:
- Opposing counsel represented both the lender and the third-party buyer, creating a conflict ofinterest whereby he aided and abetted and conspired in the invalid foreclosure by filing false evidence into the housing court, committing fraud upon the court.
Would you like to proceed with the next section on "Need for Counsel"?

Do we need to provide any of these details previously written- - Fraud Upon the Court: - Opposing counsel filed an invalid foreclosure deed without proper authentication. - The judge used this unauthenticated deed to declare you a tenant at sufferance. - Explain how this misrepresentation significantly impacted the judge’s decision. - Additional Issues: - Stripping of your jury trial. - Denial of discovery request and protective order by opposing counsel. - Forced into an invalid summary process action and ordered to pay an appeal bond you couldn’t afford.

Case Rating: *
Yes, including details about "Fraud Upon the Court" and additional issues will further support your argument for the need for counsel. Here’s how these points can be integrated into a new section of your motion:

Need for Counsel
- Fraud Upon the Court:
- Opposing counsel filed an invalid foreclosure deed without proper authentication.
- The judge used this unauthenticated deed to declare me a tenant at sufferance.
- This misrepresentation significantly impacted the judge’s decision and impaired my ability to receive a fair trial.
- Additional Issues:
- I was stripped of my right to a jury trial.
- My discovery request was denied, followed by a protective order by opposing counsel.
- I was forced into an invalid summary process action and ordered to pay an appeal bond I couldn’t afford, leading to my eviction.

Conclusion
- Restate Request:
- Given the financial hardship, complexity of the case, and the serious allegations involved, I respectfully request the appointment of legal counsel.
- Thank the court for considering my request.
Would you like any specific language or additional assistance for any of these sections?

Filing For Legal Counsel

Summary

Full Conversation

Related Chats