High Interest Rate Violations

Summary

Unlicensed private lenders charging interest rates above 20% without notifying the Attorney General violate Massachusetts law, specifically Chapter 271, Section 49. Allegations of fraud, attorney misconduct, and illegal lending practices can significantly impact legal proceedings. Violations of constitutional rights, such as due process and fairness, are serious and may warrant appeals. Non-compliance with Massachusetts General Laws Chapter 244, Sections 35A, 35B, and 35C, including failure to provide notice before loan acceleration and improper foreclosure procedures, can strengthen your case. Consider consulting a legal professional to explore your options and ensure your rights are protected.

Full Conversation

What do you think rather than including usry in section *, I think it needs to be in its owns section as its a big deal. Unlicensed private lenders are in violation of chapter * section * which prohibits interest greater than *% without notice to the Attorney General's Office. A *% interest rate was used to forclose.

It sounds like you have a strong case, considering the significant interest rate violation by the unlicensed private lender. Chapter *, Section * of Massachusetts law indeed prohibits interest rates over *% without notifying the Attorney General.
Is your primary concern about how to proceed with a legal challenge against this lender?

*. Fraud Upon the Court (Rule *(b)(*) and (*)): - The trial court relied on fraudulent evidence presented by the opposing counsel, involving a conspiracy to deceive the court. *. Attorney Misconduct: - The trial court ignored evidence of fraudulent documents and perjury by the opposing counsel, indicating a conspiracy to undermine the proceedings. *. Illegal Lending Practices (Chapter 183C): - The court failed to address violations under Chapter 183C, the Massachusetts Predatory Home Loan Practices Act, as part of a broader conspiracy to perpetuate a long-term financial scheme to defraud.

Your situation appears to involve serious allegations of fraud, attorney misconduct, and illegal lending practices. Each of these issues is significant and could potentially impact the outcome of your case. Here are some relevant points for each concern:
- Fraud Upon the Court (Rule *(b)(*) and (*)):
- Rule *(b)(*) allows for relief from a judgment due to fraud, misrepresentation, or misconduct by an opposing party.
- Rule *(b)(*) allows for relief if the judgment is void.
- Attorney Misconduct:
- Massachusetts Rule of Professional Conduct *.* requires the lawyer not to knowingly offer false evidence.
- Illegal Lending Practices (Chapter 183C):
- Prohibits predatory home loan practices and provides protections for borrowers.
- Chapter *, Section * prohibits interest rates above *% without proper notification to the Attorney General.
Would you like guidance on filing a motion for relief from judgment or advice on reporting attorney misconduct?

*. Jurisdictional Errors and Abuse of Discretion: - The trial court misjudged its authority, particularly concerning usury, resulting in improper rulings and ignoring claims of usury, which were part of a conspiracy to commit fraud. - The trial court erred in its application of legal principles, particularly regarding the statute of limitations, leading to an unjust outcome. *. Violationof Constitutional Rights: - The court’s actions violated the Appellant's constitutional rights to due process and fairness, as part of a conspiracy to deny justice. *. Fraudulent Foreclosure Sale: - The Bristol Superior Court allowed a fraudulent foreclosure sale, involving criminal usury and a breach of the Power of Sale, all part of a conspiracy.

It sounds like you have several serious issues that may warrant legal action. Here are some important points based on your concerns:
- Jurisdictional Errors and Abuse of Discretion:
- Misjudgment of authority and improper rulings can be grounds for an appeal or motion to reconsider.
- Statute of limitations errors can impact the validity of the court's decision.
- Violation of Constitutional Rights:
- Due process violations can be significant in appeals or federal court cases.
- Fraudulent Foreclosure Sale:
- Criminal usury and breach of the Power of Sale are serious claims and may require immediate legal action.
Would you like guidance on appealing the court's decision or on another specific action?

Can we take this one section at a time to do a thorough job in my docketing statement?

Sure, let's take this one step at a time to thoroughly address each section of your docketing statement. Starting with Section *:

Fraud Upon the Court (Rule *(b)(*) and (*)):
- Rule *(b)(*):
- Provides relief from a judgment due to fraud, misrepresentation, or misconduct by the opposing party.
- Relevant for cases where fraudulent evidence was presented to the court.
- Rule *(b)(*):
- Allows for relief if the judgment is void, which can occur if the court lacked jurisdiction or if there was a due process violation.
Would you like to focus on gathering evidence for the alleged fraud first, or do you need help drafting the motion for relief from judgment?

I am drafing the docketing statement for Massachusetts appeal court

It sounds like you're dealing with complex issues involving fraud, attorney misconduct, illegal lending practices, and more. Let's start by focusing on one section at a time for your docketing statement.
For "Fraud Upon the Court," consider including the following points:
- Rule *(b)(*): Relief from judgment due to fraud, misrepresentation, or misconduct by the opposing party.
- Rule *(b)(*): Relief if the judgment is void due to lack of jurisdiction or due process violations.
Would you like to gather evidence for the alleged fraud first or draft the motion for relief from judgment?

I am confuses. How would I state the above in a brief docketing statement that I must file?

Sure, I can help you with that. Here’s a concise way to structure the docketing statement for your Massachusetts appeal:

Docketing Statement
*. Fraud Upon the Court (Rule *(b)(*) and (*))
- Relief from judgment due to fraud, misrepresentation, or misconduct by the opposing party.
- Relief if the judgment is void due to lack of jurisdiction or due process violations.
*. Attorney Misconduct
- Ignored evidence of fraudulent documents and perjury by opposing counsel.
*. Illegal Lending Practices (Chapter 183C)
- Violations under the Massachusetts Predatory Home Loan Practices Act.
- Criminal usury with interest rates above *% without notifying the Attorney General.
*. Jurisdictional Errors and Abuse of Discretion
- Misjudgment of authority and improper rulings.
- Statute of limitations errors.
*. Violation of Constitutional Rights
- Due process and fairness violations.
*. Fraudulent Foreclosure Sale
- Allowed a fraudulent foreclosure involving criminal usury and breach of Power of Sale.
Would you like to refine any specific section further?

The word if is giving me concern becaus aren;t i esatblishing that I will prove in my brief the follwing docketing statement. So i am makeing a statement that I seek relief due to the trial's court lack of jurisdiction. Right?

It sounds like you're concerned about the use of "if" and want to assert your claims more definitively. Here's a more assertive way to state your docketing statement:

Docketing Statement
*. Fraud Upon the Court (Rule *(b)(*) and (*))
- Relief from judgment due to fraudulent evidence, misrepresentation, or misconduct by the opposing party.
- Relief as the judgment is void due to the court's lack of jurisdiction and due process violations.

*. Attorney Misconduct
- Ignored evidence of fraudulent documents and perjury by opposing counsel.
*. Illegal Lending Practices (Chapter 183C)
- Violations under the Massachusetts Predatory Home Loan Practices Act.
- Criminal usury with interest rates above *% without notifying the Attorney General.
*. Jurisdictional Errors and Abuse of Discretion
- Misjudgment of authority and improper rulings.
- Statute of limitations errors.
*. Violation of Constitutional Rights
- Due process and fairness violations.
*. Fraudulent Foreclosure Sale
- Allowed a fraudulent foreclosure involving criminal usury and breach of Power of Sale.
Would you liketo refine any particular section or need more details on a specific point?

- Relief as the judgment is void ab intion due to fraudulent evidence, misrepresentation, and misconduct by the opposing party

Got it. Here's a clear and assertive way to state your docketing statement:

~Docketing Statement
*. Fraud Upon the Court (Rule *(b)(*) and (*))
- Relief from judgment due to fraudulent evidence, misrepresentation, and misconduct by the opposing party.
- Relief as the judgment is void ab initio due to the court's lack of jurisdiction and due process violations.
*. Attorney Misconduct
- Ignored evidence of fraudulent documents and perjury by opposing counsel.
*. Illegal Lending Practices (Chapter 183C)
- Violations under the Massachusetts Predatory Home Loan Practices Act.
- Criminal usury with interest rates above *% without notifying the Attorney General.
*. Jurisdictional Errors and Abuse of Discretion
- Misjudgment of authority and improper rulings.
- Statute of limitations errors.
*. Violation of Constitutional Rights
- Due process and fairness violations.
*. Fraudulent Foreclosure Sale
- Allowed a fraudulent foreclosure involving criminal usury and breach of Power of Sale.
Would you like to refine any specific section further or need additional details on a particular point?Got it. Here's a clear and assertive way to state your docketing statement:

Please combine these into one void ab intio statement: Relief from judgment due to fraudulent evidence, misrepresentation, and misconduct by the opposing party. - Relief as the judgment is void ab initio due to the court's lack of jurisdiction and due process violations.

Sure! Here's a combined statement:
"Relief from judgment due to fraudulent evidence, misrepresentation, and misconduct by the opposing party, as the judgment is void ab initio due to the court's lack of jurisdiction and due process violations."
Would you like help with anything else related to your docketing statement?

Is it repetitive to add statement *. Attorney Misconduct: - The trial court ignored evidence of fraudulent documents and perjury by the opposing counsel, indicating a conspiracy to undermine the proceedings.

No, it’s not repetitive. Attorney misconduct is a distinct issue from fraud upon the court. While both involve dishonest behavior, they address different aspects of the legal process. Including both ensures you cover all bases.
Would you like to refine any other sections of your docketing statement?

*. Attorney Misconduct. Do i cite the attorney's violation of Professional Rules of conduct and conspirarcy laws being in a client-lawyer realtionship with the orginator of the illegal loan, the private lenders and the third party buyer? -

Yes, you should cite specific violations of the Massachusetts Rules of Professional Conduct and any relevant conspiracy laws. Here are some points you could include:
- Massachusetts Rule of Professional Conduct *.*: Prohibits lawyers from knowingly presenting false evidence.
- Conspiracy: Allegations of collusion between the attorney, the originator of the illegal loan, private lenders, and third-party buyer.
Would you like help drafting this section?

Do i need to cite conspiary indpendently or if I state it loke this it will be legally established?

For your docketing statement, it's best to cite conspiracy independently to clearly establish it as a distinct legal issue. Here's a refined version:

Should I say the trail court ignored...?

Yes, you should clearly state that the trial court ignored evidence of fraudulent documents and perjury. This highlights the court's failure to consider crucial information. Here's a way to phrase it:

~Docketing Statement~
*. Fraud Upon the Court (Rule *(b)(*) and (*))
- Relief from judgment due to fraudulent evidence, misrepresentation, and misconduct by the opposing party, as the judgment is void ab initio due to the court's lack of jurisdiction and due process violations.
*. Attorney Misconduct
- The trial court ignored evidence of fraudulent documents and perjury by opposing counsel.
- Violations of Massachusetts Rule of Professional Conduct *.*.
- Conspiracy involving the attorney, the originator of the illegal loan, private lenders, and third-party buyer.
*. Illegal Lending Practices (Chapter 183C)
- Violations under the Massachusetts Predatory Home Loan Practices Act.
- Criminal usury with interest rates above *% without notifying the Attorney General.
*. Jurisdictional Errors and Abuse of Discretion
- Misjudgment of authority and improper rulings.
- Statute of limitations errors.
*. Violation of Constitutional Rights
- Due process and fairness violations.
*. Fraudulent Foreclosure Sale
- Allowed a fraudulent foreclosure involving criminal usury and breach of Power of Sale.
Would you like to add or refine any other sections?

*. Violation of Constitutional Rights - Due process and fairness violations can you please be more specific?

Sure! Here’s a more specific way to state the violation of constitutional rights:

~*. Violation of Constitutional Rights~
- The trial court's actions violated the appellant's constitutional rights to due process and fairness.
- Due Process Violations: Failure to provide a fair hearing, ignoring key evidence, and procedural errors.
- Fairness Violations: Bias or partiality in the court’s rulings, resulting in an unjust outcome.
Would you like assistance refining any other sections or need more information on a specific point?

The trial court unjustly striked a jury trail and discover request.

The unjust striking of a jury trial and discovery request can be a significant issue, as it may indicate a violation of procedural rights.
Here’s how you could include this point under the Violation of Constitutional Rights section:

~*. Violation of Constitutional Rights~

- The trial court’s actions violated the appellant's constitutional rights to due process and fairness.
- Due Process Violations:
- Unjustly struck a jury trial and discovery request.
- Failure to provide a fair hearing.
- Ignored key evidence and procedural errors.
- Fairness Violations:
- Bias or partiality in the court’s rulings, resulting in an unjust outcome.
Would you like to refine any other sections or need more details on another specific point?

- Criminal usury with interest rates above *% without notifying the Attorney General which is a per se 93A Massachusetts Consumer Protection Act

Docketing Statement
*. Fraud Upon the Court (Rule *(b)(*) and (*))
- Relief from judgment due to fraudulent evidence, misrepresentation, and misconduct by the opposing party, as the judgment is void ab initio due to the court's lack of jurisdiction and due process violations.
*. Attorney Misconduct
- The trial court ignored evidence of fraudulent documents and perjury by opposing counsel.
- Violations of Massachusetts Rule of Professional Conduct *.*.
- Conspiracy involving the attorney, the originator of the illegal loan, private lenders, and third-party buyer.
*. Illegal Lending Practices (Chapter 183C)
- Violations under the Massachusetts Predatory Home Loan Practices Act.
- Criminal usury with interest rates above *% without notifying the Attorney General, which is a per se violation of Chapter 93A, the Massachusetts Consumer Protection Act.
*. Jurisdictional Errors and Abuse of Discretion
- Misjudgment of authority and improper rulings.
- Statute of limitations errors.
*. Violation of Constitutional Rights
- The trial court’s actions violated the appellant's constitutional rights to dueprocess and fairness.
- Due Process Violations:
- Unjustly struck a jury trial and discovery request.
- Failure to provide a fair hearing.
- Ignored key evidence and procedural errors.
- Fairness Violations:
- Bias or partiality in the court’s rulings, resulting in an unjust outcome.
*. Fraudulent Foreclosure Sale
- Allowed a fraudulent foreclosure involving criminal usury and breach of Power of Sale.
Would you like to refine any other sections or need more information on any specific point?

Non-compliance with Massachusetts General Laws (M.G.L.) Chapter *, Sections 35A nd 35B and 35C. Do you need more details?

It sounds like you have a strong case given the multiple serious allegations. For the non-compliance with M.G.L. Chapter *, Sections 35A, 35B, and 35C, here are some points to consider:
- Section 35A: Requires proper notice before foreclosure.
- Section 35B: Prohibits foreclosure without a modification review.
- Section 35C: Mandates verification of the right to foreclose.
Would you like more details on how to incorporate these points into your docketing statement?

Yes. The High Cost Loan was an 18 month period and under 35A before a lender accelerates they must send the notice . Rather than sending the notice they secretly compunded the loan for several years without any modifiaction review .

Here’s how you can incorporate the non-compliance with M.G.L. Chapter *, Sections 35A, 35B, and 35C into your docketing statement:

Docketing Statement
*. Fraud Upon the Court (Rule *(b)(*) and (*))
- Relief from judgment due to fraudulent evidence, misrepresentation, and misconduct by the opposing party, as the judgment is void ab initio due to the court's lack of jurisdiction and due process violations.
*. Attorney Misconduct
- The trial court ignored evidence of fraudulent documents and perjury by opposing counsel.
- Violations of Massachusetts Rule of Professional Conduct *.*.
- Conspiracy involving the attorney, the originator of the illegal loan, private lenders, and third-party buyer.
*. Illegal Lending Practices (Chapter 183C)
- Violations under the Massachusetts Predatory Home Loan Practices Act.
- Criminal usury with interest rates above *% without notifying the Attorney General, which is a per se violation of Chapter 93A, the Massachusetts Consumer Protection Act.
*. Jurisdictional Errors and Abuse of Discretion
- Misjudgment of authority and improper rulings.
- Statute of limitations errors.
*. Violation of Constitutional Rights
- The trial court’s actions violated the appellant's constitutional rights to due process and fairness.
- Due Process Violations:
- Unjustly struck a jury trial and discovery request.
- Failure to provide a fair hearing.
- Ignored key evidence and procedural errors.
- Fairness Violations:
- Bias or partiality in the court’s rulings, resulting in an unjust outcome.
*. Fraudulent Foreclosure Sale
- Allowed a fraudulent foreclosure involving criminal usury and breach of Power of Sale.
*. Non-Compliance with Massachusetts General Laws (M.G.L.) Chapter *, Sections 35A, 35B, and 35C
- Section 35A: The lender failed to provide the required notice before accelerating the loan.
- Section 35B: The lender compounded the loan for several years without conducting a modification review.
- Section 35C: The lender did not verify their right to foreclose.
Would you like to refine any other sections or need more details on another specific point?

Section 35C: The lender did not verify their right to foreclose rather they backdated the loan amount and seized the property usuning *% interest rate stripping appelant of her lifesaying of approximately * million dollars.

Here’s how you can incorporate the details under Section 35C into your docketing statement:
~Docketing Statement~
*. Fraud Upon the Court (Rule *(b)(*) and (*))
- Relief from judgment due to fraudulent evidence, misrepresentation, and misconduct by the opposing party.
- Relief as the judgment is void ab initio due to the court's lack of jurisdiction and due process violations.
*. Attorney Misconduct
- The trial court ignored evidence of fraudulent documents and perjury by opposing counsel.
- Violations of Massachusetts Rule of Professional Conduct *.*.
- Conspiracy involving the attorney, the originator of the illegal loan, private lenders, and third-party buyer.
*. Illegal Lending Practices (Chapter 183C)
- Violations under the Massachusetts Predatory Home Loan Practices Act.
- Criminal usury with interest rates above *% without notifying the Attorney General, which is a per se violation of Chapter 93A, the Massachusetts Consumer Protection Act.
*. Jurisdictional Errors and Abuse of Discretion
- Misjudgment of authority and improper rulings.
- Statute of limitations errors.
*. Violation of Constitutional Rights
- The trial court’s actions violated the appellant's constitutional rights to due process and fairness.
- Due Process Violations:
- Unjustly struck a jury trial and discovery request.
- Failure to provide a fair hearing.
- Ignored key evidence and procedural errors.
- Fairness Violations:
- Bias or partiality in the court’s rulings, resulting in an unjust outcome.
*. Fraudulent Foreclosure Sale
- Allowed a fraudulent foreclosure involving criminal usury and breach of Power of Sale.
*. Non-Compliance with Massachusetts General Laws (M.G.L.) Chapter *, Sections 35A, 35B, and 35C
- Section 35A: The lender failed to provide the required notice before accelerating the loan.
- Section 35B: The lender compounded the loan for several years without conducting a modification review.
- Section 35C: The lender did not verify their right to foreclose, backdated the loan amount, and seized the property using a *% interest rate, stripping the appellant of life savings of approximately $* million.
Would you like to refine any other sections or need more details on another specific point?

- Section 35B: The lender compounded the loan for several years without conducting a modification review or sending any type of invoice or periodical statement in violation of federal state servicing laws.

Here’s an updated version of your docketing statement with the additional details:

Docketing Statement
*. Fraud Upon the Court (Rule *(b)(*) and (*))
- Relief from judgment due to fraudulent evidence, misrepresentation, and misconduct by the opposing party.
- Relief as the judgment is void ab initio due to the court's lack of jurisdiction and due process violations.
*. Attorney Misconduct
- The trial court ignored evidence of fraudulent documents and perjury by opposing counsel.
- Violations of Massachusetts Rule of Professional Conduct *.*.
- Conspiracy involving the attorney, the originator of the illegal loan, private lenders, and third-party buyer.
*. Illegal Lending Practices (Chapter 183C)
- Violations under the Massachusetts Predatory Home Loan Practices Act.
- Criminal usury with interest rates above *% without notifying the Attorney General, which is a per se violation of Chapter 93A, the Massachusetts Consumer Protection Act.
*. Jurisdictional Errors and Abuse of Discretion
- Misjudgment of authority and improper rulings.
- Statute of limitations errors.
*. Violation ofConstitutional Rights
- The trial court’s actions violated the appellant's constitutional rights to due process and fairness.
- Due Process Violations:
- Unjustly struck a jury trial and discovery request.
- Failure to provide a fair hearing.
- Ignored key evidence and procedural errors.
- Fairness Violations:
- Bias or partiality in the court’s rulings, resulting in an unjust outcome.
*. Fraudulent Foreclosure Sale
- Allowed a fraudulent foreclosure involving criminal usury and breach of Power of Sale.
*. Non-Compliance with Massachusetts General Laws (M.G.L.) Chapter *, Sections 35A, 35B, and 35C
- Section 35A: The lender failed to provide the required notice before accelerating the loan.
- Section 35B: The lender compounded the loan for several years without conducting a modification review or sending any type of invoice or periodical statement, in violation of federal and state servicing laws.
- Section 35C: The lender did not verify their right to foreclose, backdated the loan amount, and seized the property using a *% interest rate, stripping

Is statement * needed now that we have statement *?

Given the detailed allegations and serious legal violations, it appears you have a strong case that may warrant legal action.
To address your question:
No, statement * may be redundant now that you have covered the fraudulent foreclosure sale under Section *. Here's a consolidated version:

Docketing Statement

*. Fraud Upon the Court (Rule *(b)(*) and (*))
- Relief from judgment due to fraudulent evidence, misrepresentation, and misconduct by the opposing party.
- Relief as the judgment is void ab initio due to the court's lack of jurisdiction and due process violations.

*. Attorney Misconduct
- The trial court ignored evidence of fraudulent documents and perjury by opposing counsel.
- Violations of Massachusetts Rule of Professional Conduct *.*.
- Conspiracy involving the attorney, the originator of the illegal loan, private lenders, and third-party buyer.

*. Illegal Lending Practices (Chapter 183C)
- Violations under the Massachusetts Predatory Home Loan Practices Act.
- Criminal usury with interest rates above *% without notifying the Attorney General, which is a per se violation of Chapter 93A, theMassachusetts Consumer Protection Act.
*. Jurisdictional Errors and Abuse of Discretion
- Misjudgment of authority and improper rulings.
- Statute of limitations errors.
*. Violation of Constitutional Rights
- The trial court’s actions violated the appellant's constitutional rights to due process and fairness.
- Due Process Violations:
- Unjustly struck a jury trial and discovery request.
- Failure to provide a fair hearing.
- Ignored key evidence and procedural errors.
- Fairness Violations:
- Bias or partiality in the court’s rulings, resulting in an unjust outcome.
*. Non-Compliance with Massachusetts General Laws (M.G.L.) Chapter *, Sections 35A, 35B, and 35C
- Section 35A: The lender failed to provide the required notice before accelerating the loan.
- Section 35B: The lender compounded the loan for several years without conducting a modification review or sending any type of invoice or periodical statement, in violation of federal and state servicing laws.
- Section 35C: The lender did not verify their right to foreclose, backdated the loan

Please make this compact *. Violation of Constitutional Rights - The trial court’s actions violated the appellant's constitutional rights to due process and fairness. - Due Process Violations: - Unjustly struck a jury trial and discovery request. - Failure to provide a fair hearing. - Ignored key evidence and procedural errors. - Fairness Violations: - Bias or partiality in the court’s rulings, resulting in an unjust outcome

Here’s a compact version:
Violation of Constitutional Rights
- Due Process Violations:
- Unjustly struck a jury trial and discovery request
- Failure to provide a fair hearing
- Ignored key evidence and procedural errors
- Fairness Violations:
- Bias or partiality in the court’s rulings, resulting in an unjust outcome
Would you like to refine any other sections?

I was forced into a post forcolsure procedure posture when my case is a consolidated case and as such I should not have been placed into a summary judgement action but rather been able to proceed in a general lawsuit. Is this significant?

Yes, this is significant. Being forced into a post-foreclosure procedure instead of proceeding with a general lawsuit can impact the remedies available to you and the course of your legal strategy. Here are some key points:
- Summary Judgment vs. General Lawsuit: Summary judgment can be granted if there’s no genuine dispute of material fact, effectively ending the case without a full trial. A general lawsuit allows for a more thorough examination of the facts and legal arguments.

- Consolidated Case: If your case was consolidated, it should proceed in a manner that respects the procedural posture of all claims involved.
Would you like guidance on how to address this in your appeal or need more information on any specific point?

How do i cite this in my docketing statement?

To include the point about being forced into a post-foreclosure procedure in your docketing statement, you can add it under the relevant sections. Here’s an updated and compact version of your docketing statement:

Docketing Statement
*. Fraud Upon the Court (Rule *(b)(*) and (*))
- Relief from judgment due to fraudulent evidence, misrepresentation, and misconduct by the opposing party.
- Relief as the judgment is void ab initio due to the court's lack of jurisdiction and due process violations.
*. Attorney Misconduct
- The trial court ignored evidence of fraudulent documents and perjury by opposing counsel.
- Violations of Massachusetts Rule of Professional Conduct *.*.
- Conspiracy involving the attorney, the originator of the illegal loan, private lenders, and third-party buyer.
*. Illegal Lending Practices (Chapter 183C)
- Violations under the Massachusetts Predatory Home Loan Practices Act.
- Criminal usury with interest rates above *% without notifying the Attorney General, which is a per se violation of Chapter 93A, the Massachusetts Consumer Protection Act.
*. Jurisdictional Errors and Abuse of Discretion
- Misjudgment of authority and improper rulings.
- Statute of limitations errors.
*. Violation of Constitutional Rights
- The trial court’s actions violated the appellant's constitutional rights to due process and fairness.
- Due Process Violations:
- Unjustly struck a jury trial and discovery request.
- Failure to provide a fair hearing.
- Ignored key evidence and procedural errors.
- Fairness Violations:
- Bias or partiality in the court’s rulings, resulting in an unjust outcome.
- Forced into a post-foreclosure procedure instead of proceeding with a general lawsuit, despite the case being consolidated, which should have allowed for a full examination of the facts and legal arguments.
*. Non-Compliance with Massachusetts General Laws (M.G.L.) Chapter *, Sections 35A, 35B, and 35C
- Section 35A: The lender failed to provide the required notice before accelerating the loan.
- Section 35B: The lender compounded the loan for several years without conducting a modification review or sending any type of invoice or periodical statement, in violation of federal and state servicing laws.
- **Section

- Forced into a post-foreclosure procedure instead of proceeding with a general lawsuit, despite the case being consolidated, which should have allowed for a full examination of the facts and legal arguments - could you please say this differently that the case was consolidated therfore it did not meet the criteria or elemenst defined as a post-forclosure orocedure.

Sure, here’s a revised way to state it:
“Despite the case being consolidated, it did not meet the criteria or elements defined for a post-foreclosure procedure and should have been allowed to proceed as a general lawsuit for a full examination of the facts and legal arguments.”
Would you like to refine any other sections or need more information on a specific point?

Because the case was consolidated it did not meet the criteria or elements defined for a post-foreclosure procedure and should have been allowed to proceed as a general lawsuit for a full examination of the facts and legal arguments.

Here’s the updated docketing statement incorporating your point:

Docketing Statement
*. Fraud Upon the Court (Rule *(b)(*) and (*))
- Relief from judgment due to fraudulent evidence, misrepresentation, and misconduct by the opposing party.
- Relief as the judgment is void ab initio due to the court's lack of jurisdiction and due process violations.
*. Attorney Misconduct
- The trial court ignored evidence of fraudulent documents and perjury by opposing counsel.
- Violations of Massachusetts Rule of Professional Conduct *.*.
- Conspiracy involving the attorney, the originator of the illegal loan, private lenders, and third-party buyer.
*. Illegal Lending Practices (Chapter 183C)
- Violations under the Massachusetts Predatory Home Loan Practices Act.
- Criminal usury with interest rates above *% without notifying the Attorney General, which is a per se violation of Chapter 93A, the Massachusetts Consumer Protection Act.
*. Jurisdictional Errors and Abuse of Discretion
- Misjudgment of authority and improper rulings.
- Statute of limitations errors.
*. Violation of Constitutional Rights
- The trial court’s actions violated the appellant's constitutional rights to due process and fairness.
- Due Process Violations:
- Unjustly struck a jury trial and discovery request.
- Failure to provide a fair hearing.
- Ignored key evidence and procedural errors.
- Fairness Violations:
- Bias or partiality in the court’s rulings, resulting in an unjust outcome.
- Because the case was consolidated, it did not meet the criteria or elements defined for a post-foreclosure procedure and should have been allowed to proceed as a general lawsuit for a full examination of the facts and legal arguments.
*. Non-Compliance with Massachusetts General Laws (M.G.L.) Chapter *, Sections 35A, 35B, and 35C
- Section 35A: The lender failed to provide the required notice before accelerating the loan.
- Section 35B: The lender compounded the loan for several years without conducting a modification review or sending any type of invoice or periodical statement, in violation of federal and state servicing laws.
- Section 35C: The lender did not verify their right to foreclose, backdated the loan amount, and seized

right?

Your docketing statement looks strong and clearly outlines your key arguments. Here is the final version based on our discussion:

Docketing Statement
*. Fraud Upon the Court (Rule *(b)(*) and (*))
- Relief from judgment due to fraudulent evidence, misrepresentation, and misconduct by the opposing party.
- Relief as the judgment is void ab initio due to the court's lack of jurisdiction and due process violations.
*. Attorney Misconduct
- The trial court ignored evidence of fraudulent documents and perjury by opposing counsel.
- Violations of Massachusetts Rule of Professional Conduct *.*.
- Conspiracy involving the attorney, the originator of the illegal loan, private lenders, and third-party buyer.
*. Illegal Lending Practices (Chapter 183C)
- Violations under the Massachusetts Predatory Home Loan Practices Act.
- Criminal usury with interest rates above *% without notifying the Attorney General, which is a per se violation of Chapter 93A, the Massachusetts Consumer Protection Act.
*. Jurisdictional Errors and Abuse of Discretion
- Misjudgment of authority and improper rulings.
- Statute oflimitations errors.
*. Violation of Constitutional Rights
- The trial court’s actions violated the appellant's constitutional rights to due process and fairness.
- Due Process Violations:
- Unjustly struck a jury trial and discovery request.
- Failure to provide a fair hearing.
- Ignored key evidence and procedural errors.
- Fairness Violations:
- Bias or partiality in the court’s rulings, resulting in an unjust outcome.
- Because the case was consolidated, it did not meet the criteria or elements defined for a post-foreclosure procedure and should have been allowed to proceed as a general lawsuit for a full examination of the facts and legal arguments.
*. Non-Compliance with Massachusetts General Laws (M.G.L.) Chapter *, Sections 35A, 35B, and 35C
- Section 35A: The lender failed to provide the required notice before accelerating the loan.
- Section 35B: The lender compounded the loan for several years without conducting a modification review or sending any type of invoice or periodical statement, in violation of federal and state servicing laws.
- Section 35C: The lender did not verify their right to

Please send it differently because its getting cut at section 35C. Please send it in sections so that I can reive your wonderful work that i appreciate so very much.

Sure! Here’s the docketing statement broken down into sections:

Docketing Statement
*. Fraud Upon the Court (Rule *(b)(*) and (*))
- Relief from judgment due to fraudulent evidence, misrepresentation, and misconduct by the opposing party.
- Relief as the judgment is void ab initio due to the court's lack of jurisdiction and due process violations.
*. Attorney Misconduct
- The trial court ignored evidence of fraudulent documents and perjury by opposing counsel.
- Violations of Massachusetts Rule of Professional Conduct *.*.
- Conspiracy involving the attorney, the originator of the illegal loan, private lenders, and third-party buyer.
*. Illegal Lending Practices (Chapter 183C)
- Violations under the Massachusetts Predatory Home Loan Practices Act.
- Criminal usury with interest rates above *% without notifying the Attorney General, which is a per se violation of Chapter 93A, the Massachusetts Consumer Protection Act.
*. Jurisdictional Errors and Abuse of Discretion
- Misjudgment of authority and improper rulings.
- Statute of limitations errors.
*. Violation of Constitutional Rights
- The trial court’s actions violated the appellant's constitutional rights to dueprocess and fairness.
- Due Process Violations:
- Unjustly struck a jury trial and discovery request.
- Failure to provide a fair hearing.
- Ignored key evidence and procedural errors.
- Fairness Violations:
- Bias or partiality in the court’s rulings, resulting in an unjust outcome.
- Because the case was consolidated, it did not meet the criteria or elements defined for a post-foreclosure procedure and should have been allowed to proceed as a general lawsuit for a full examination of the facts and legal arguments.
*. Non-Compliance with Massachusetts General Laws (M.G.L.) Chapter *, Sections 35A, 35B, and 35C
- Section 35A: The lender failed to provide the required notice before accelerating the loan.
- Section 35B: The lender compounded the loan for several years without conducting a modification review or sending any type of invoice or periodical statement, in violation of federal and state servicing laws.
- Section 35C: The lender did not verify their right to foreclose, backdated the loan amount, and seized the property using a *% interest rate, stripping the appellant of life

It;s still get cut off. Please do not send it in the blue rectangle that you are sendig it in.

Sure, here’s the docketing statement broken down without the blue rectangle formatting:
---
Docketing Statement
*. Fraud Upon the Court (Rule *(b)(*) and (*))
- Relief from judgment due to fraudulent evidence, misrepresentation, and misconduct by the opposing party.
- Relief as the judgment is void ab initio due to the court's lack of jurisdiction and due process violations.
*. Attorney Misconduct
- The trial court ignored evidence of fraudulent documents and perjury by opposing counsel.
- Violations of Massachusetts Rule of Professional Conduct *.*.
- Conspiracy involving the attorney, the originator of the illegal loan, private lenders, and third-party buyer.
*. Illegal Lending Practices (Chapter 183C)
- Violations under the Massachusetts Predatory Home Loan Practices Act.
- Criminal usury with interest rates above *% without notifying the Attorney General, which is a per se violation of Chapter 93A, the Massachusetts Consumer Protection Act.
*. Jurisdictional Errors and Abuse of Discretion
- Misjudgment of authority and improper rulings.
- Statute of limitations errors.
*. Violation of Constitutional Rights
- The trial court’s actions violated the appellant's constitutional rights to due process and fairness.
- Due Process Violations:
- Unjustly struck a jury trial and discovery request.
- Failure to provide a fair hearing.
- Ignored key evidence and procedural errors.
- Fairness Violations:
- Bias or partiality in the court’s rulings, resulting in an unjust outcome.
- Because the case was consolidated, it did not meet the criteria or elements defined for a post-foreclosure procedure and should have been allowed to proceed as a general lawsuit for a full examination of the facts and legal arguments.
*. Non-Compliance with Massachusetts General Laws (M.G.L.) Chapter *, Sections 35A, 35B, and 35C
- Section 35A: The lender failed to provide the required notice before accelerating the loan.
- Section 35B: The lender compounded the loan for several years without conducting a modification review or sending any type of invoice or periodical statement, in violation of federal and state servicing laws.
- Section 35C: The lender did not verify their right to foreclose, backdated the loan amount, and seized the property using a *% interest

Great Now send from section 35C down.

Sure, here’s the continuation from Section 35C:
---
- Section 35C: The lender did not verify their right to foreclose, backdated the loan amount, and seized the property using a *% interest rate, stripping the appellant of life savings amounting to approximately $* million.
Would you like to refine any other sections or need more details on a specific point?

Now from 35C to the end.

Sure, here's the complete section from 35C to the end:
---
- Section 35C: The lender did not verify their right to foreclose, backdated the loan amount, and seized the property using a *% interest rate, stripping the appellant of life savings amounting to approximately $* million.
Would you like to refine any other sections or need more details on a specific point?

Is this correct and can i make it more concise?*. Jurisdictional Errors and Abuse of Discretion - Misjudgment of authority and improper rulings. - Statute of limitations errors. *. Violation of Constitutional Rights - The trial court’s actions violated the appellant's constitutional rights to due process and fairness. - Due Process Violations: - Unjustly struck a jury trial and discovery request. - Failure to provide a fair hearing. - Ignored key evidence and procedural errors. - Fairness Violations: - Bias or partiality in the court’s rulings, resulting in an unjust outcome. - Because the case was consolidated, it did not meet the criteria or elements defined for a post-foreclosure procedure and should have been allowed to proceed as a general lawsuit for a full examination of the facts and legal arguments.

Your statements are clear but can be made more concise. Here’s a revised version:
---
*. Jurisdictional Errors and Abuse of Discretion
- Misjudgment of authority and improper rulings.
- Statute of limitations errors.
*. Violation of Constitutional Rights
- The trial court’s actions violated the appellant's constitutional rights to due process and fairness.
- Due Process Violations:
- Unjustly struck a jury trial and discovery request.
- Failure to provide a fair hearing.
- Ignored key evidence and procedural errors.
- Fairness Violations:
- Bias or partiality in the court’s rulings, resulting in an unjust outcome.
- Case was consolidated and did not meet criteria for a post-foreclosure procedure; should have proceeded as a general lawsuit for a full examination of facts and legal arguments.
Would you like to refine any other sections or need more details on a specific point?

My next question is my R.I. case - my motion to vacate a dismissal based on grounds - the judge scheduled a hearing. Is that good?

Yes, it is generally a positive development that the judge scheduled a hearing for your motion to vacate a dismissal. This means the court is willing to consider your arguments and the evidence you will present.
Do you need guidance on how to prepare for the hearing or specific points to emphasize during it?

Yes. There were my points. *. Lack of Notice: I did not receive proper notice of the hearing scheduled for October *, *. Upon review, I discovered that the notice was sent via email, which I did not see until I received the Notice and did a search. *. Proof of Communication: On the hearing date, October *, *, I sent correspondence to the defendant’s attorney regarding discovery supplementation, demonstrating my lack of awareness of the scheduled hearing. Copies of this correspondence are attached as Exhibit A and Exhibit B. *. Health Issues: I am currently dealing with severe health issues, including Stage * kidney disease, which has significantly impacted my ability to keep up with court communications and proceedings.

To prepare for your hearing, you should emphasize the following points:
- Lack of Notice: Highlight that you did not receive proper notice of the hearing and only discovered it later through a search. Mention that the notice was sent via email, which you didn’t see until it was too late.

- Proof of Communication: Present the correspondence sent to the defendant's attorney on the date of the hearing as evidence of your lack of awareness. Attach Exhibits A and B to support your claim.

- Health Issues: Explain how your severe health issues, specifically Stage * kidney disease, have impacted your ability to keep up with court communications and proceedings. Provide any medical documentation if available.

- New Email Address: Inform the court that you have created a dedicated email address (jamescronan123@gmail.com) for all court communications and have notified the clerk to use this address to prevent future communication issues.

- Consistent Attendance: Emphasize your history of consistent attendance at hearings, showing your dedication and compliance with court procedures.

- Request for Extension: Politely request an extension of 30 days to submit further medical documentation if required, explaining the necessity to obtain comprehensivemedical records from your healthcare providers.
Would you like more details on how to present these points effectively during the hearing or need assistance with any specific part of your case?

*. New Email Address: To rectify any future communication issues, I have created a dedicated email address (jamescronan123@gmail.com) and have notified the clerk to use this for all court communications. *. Consistent Attendance: I have never missed a hearing before, indicating my dedication to this case and my compliance with court procedures.

Your points are strong and comprehensive. Here’s a concise way to present them for your hearing:
*. Lack of Notice:
- Did not receive proper notice of the October *, * hearing.
- Notice was sent via email, which was not seen in time.
*. Proof of Communication:
- On October *, *, corresponded with the defendant’s attorney about discovery, showing unawareness of the hearing.
- Attached Exhibits A and B.
*. Health Issues:
- Currently dealing with severe health issues, including Stage * kidney disease, affecting ability to keep up with court communications.
*. New Email Address:
- Created a dedicated email (jamescronan123@gmail.com) and notified the clerk to use it for future communications.
*. Consistent Attendance:
- Never missed a hearing before, showing dedication and compliance with court procedures.
*. Request for Extension:
- Requesting a *-day extension to submit further medical documentation due to health issues.
Would you like help refining any specific point or preparing any additional documents for the hearing?

The above are the points that were raised.

Your points are solid and highlight important issues that should be considered by the court. Here’s a concise and structured way to present them:
---
Motion to Vacate Dismissal
*. Lack of Notice:
- I did not receive proper notice of the hearing scheduled for October *, *.
- The notice was sent via email, which I did not see until I received the Notice and did a search.
*. Proof of Communication:
- On the hearing date, October *, *, I corresponded with the defendant’s attorney regarding discovery supplementation, demonstrating my lack of awareness of the scheduled hearing.
- Copies of this correspondence are attached as Exhibit A and Exhibit B.
*. Health Issues:
- I am currently dealing with severe health issues, including Stage * kidney disease, which has significantly impacted my ability to keep up with court communications and proceedings.
*. New Email Address:
- To rectify any future communication issues, I have created a dedicated email address (jamescronan123@gmail.com) and have notified the clerk to use this for all court communications.
*. Consistent Attendance:
- I have nevermissed a hearing before, indicating my dedication to this case and my compliance with court procedures.
*. Request for Extension of Time:
- Due to my severe health issues, I respectfully request an extension of 30 days to submit further medical documentation if required. This extension is necessary to obtain comprehensive medical records from my healthcare providers.
---
Would you like any additional help preparing for the hearing or refining any points further?

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