Mortgage Contract Legal Violations

Summary

A mortgage contract may be nullified if it involves fraud, illegality, or lack of consideration. Fraud in execution can occur if undue influence is exerted, such as by a trusted advisor. Contracts violating the Dodd-Frank Act, mortgage fraud laws, or the U.C.C. Are considered illegal. A lack of meeting of the minds or misrepresentation can also render a contract void. Contracts formed during the subprime lending crisis, like in 2010, may be scrutinized for legality. Courts cannot enforce notes prohibited by the Dodd-Frank Act. If you suspect your contract is illegal, consider seeking legal advice to challenge it.

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what servicing laws did they violate?
It sounds like there may have been violations of several servicing laws, including:
- Real Estate Settlement Procedures Act (RESPA):
- Requires lenders to provide borrowers with periodic statements of their loan's status.
- Mandates servicers to respond to borrower inquiries and complaints in a timely manner.
- Truth in Lending Act (TILA):
- Requires clear disclosure of loan terms and charges.
- Prohibits misleading or deceptive practices.
- State-Specific Servicing Laws (Massachusetts):
- G.L.c. * s. 35B: Reasonable steps and good faith efforts to avoid foreclosure.
- G.L.c. * s. 35C: Holder of the promissory note secured by the mortgage.
Would you like more information on taking action based on these potential violations?
Can we revise this VI. Contract Invalidity. The contract is void for A contract can be void ab initio if: There was FRAUD IN THE EXECUTION: The contract was formedr undue influence by Karen Merritt's long term financial advisor, claiming that she was in an emergency.Ralph Grieco. The contract was illegal by the Dodd frank act, and mortgae fraud laws ans U.C.C. The contract was formed due to fraud The contract was formed without consideration. There was no offer. I believed that I was signing what was promised adn instaed i was tricked. - The contract is void ab initio due to lack of meeting of the minds and misrepresentation. It also violates public policy under the Dodd-Frank Act, which requires private mortgage loans to be qualified by a HUD counselor. I was unqualified as I was unemployed.
Sure, here's a revised version:
VI. Contract Invalidity
A contract can be void ab initio if:
- Fraud in the Execution: The contract was formed under undue influence by Karen Merritt's long-term financial advisor, Ralph Grieco, who claimed she was in an emergency.
- Illegality: The contract violated the Dodd-Frank Act, mortgage fraud laws, and U.C.C.
- Fraud: The contract was formed due to fraudulent representations.
- Lack of Consideration: There was no offer; I believed I was signing what was promised but was tricked.
- Lack of Meeting of the Minds and Misrepresentation: The contract is void ab initio due to misrepresentation and lack of mutual understanding. It also violates public policy under the Dodd-Frank Act, which requires private mortgage loans to be qualified by a HUD counselor. I was unqualified as I was unemployed.
Would you like more details on the specific violations of the Dodd-Frank Act or other applicable laws?
The contract was formed in * in a climate where subprime lending had caused the Great recession due to mortgae like karen Merrit became a victim of by her truated finacial advior who now he or one of his third parties owns her entire estate consisting of her two properties of *.* million dollars and James's commercial building formed in the partnership of roughl;y * million dollars. I want to stress that a court cna not enorce anote that is prohibtted by the Dodd frank Act. Its an illegal contract. Please revise
Sure, here's a revised version:
The contract was formed in * when subprime lending caused the Great Recession. Karen Merritt became a victim of her trusted financial advisor, who now owns her estate, including two properties worth $*.* million and a commercial building valued at approximately $* million. A court cannot enforce a note prohibited by the Dodd-Frank Act. It's an illegal contract.
Would you like more information on how to proceed with challenging this contract?
please reise to include it in VI. Contract InvaliditY should you retitle to make it more powerful?
Sure, here's a more powerful version of VI. Contract Invalidity:
VI. Contract Nullification
A contract can be nullified if:
- Fraud in Execution: Formed under undue influence by Karen Merritt's advisor, Ralph Grieco, claiming an emergency.
- Illegality: Violated the Dodd-Frank Act, mortgage fraud laws, and U.C.C.
- Fraud: Formed due to fraudulent representations.
- Lack of Consideration: No offer; I was tricked into signing.
- Lack of Meeting of the Minds and Misrepresentation: Void due to misrepresentation and lack of mutual understanding. Violates public policy under the Dodd-Frank Act, which requires HUD counselor qualification. I was unqualified as I was unemployed.
- Context of Subprime Lending Crisis: Formed in * during the subprime lending crisis, leading to the Great Recession. Karen Merritt became a victim of her financial advisor, who now owns her estate, including properties worth $*.* million and a commercial building valued at approximately $* million. A court cannot enforce a note prohibited by the Dodd-Frank Act, making it anillegal contract.
Would you like more guidance on challenging this contract in court?
Please revise as this is my lead argument in my Motion to vacate judgement for lack of subject matter juisdiction. i am bringing an action to sue debt collectors inclucing L & S Realty LLC and Godbout Law Inc and other atorneys in my present housing court case , which lacks subject matter jurisdcition to hear my case. They committed bankruptcy fraud, seeking to recover compensation for the harm they have caused me. against all parties in my case who are debt collectors A debt collector commits bankruptcy fraud when they knowingly and intentionally misrepresent information or conceal assets during a debtor's bankruptcy proceedings, often to try and collect a debt that should be discharged under the bankruptcy filing; this can include lying about the amount owed, claiming ownership of assets that aren't theirs.
Sure, here's a revised version for your motion:
---
Motion to Vacate Judgment for Lack of Subject Matter Jurisdiction
I am filing this motion to vacate the judgment in my housing court case against debt collectors, including L & S Realty LLC, Godbout Law Inc, and other attorneys, due to the court's lack of subject matter jurisdiction. These parties committed bankruptcy fraud, causing significant harm to me.
Bankruptcy Fraud by Debt Collectors:
- Misrepresentation and Concealment: Debt collectors knowingly and intentionally misrepresented information and concealed assets during my bankruptcy proceedings.
- Improper Collection Attempts: They attempted to collect debts that should have been discharged under the bankruptcy filing by:
- Lying about the amount owed.
- Claiming ownership of assets that were not theirs.
Servicing Violations:
- Failure to Provide Invoices: Lenders did not provide necessary invoices and compounded interest to an inflated *% rate, stealing over one million dollars in equity.
- False Affidavits: On June *, *, Pensco Trust Company signed an affidavit claiming compliance with G.L.c. * s. 35B and G.L.c. * s.. 35C, while Karen Merritt never received any accounting statements or invoices.
Contract Nullification:
A contract can be nullified if:
- Fraud in Execution: Formed under undue influence by Karen Merritt's advisor, Ralph Grieco, who claimed an emergency.
- Illegality: Violated the Dodd-Frank Act, mortgage fraud laws, and U.C.C.
- Fraud: Formed due to fraudulent representations.
- Lack of Consideration: No offer; Karen was tricked into signing.
- Lack of Meeting of the Minds and Misrepresentation: Void due to misrepresentation and lack of mutual understanding. Violates Dodd-Frank Act requirements for HUD counselor qualification. Karen was unqualified as she was unemployed.
- Context of Subprime Lending Crisis: Formed in * during the subprime lending crisis leading to the Great Recession. Karen became a victim of her financial advisor, who now owns her estate, including properties worth $*.* million and a commercial building valued at approximately $* million. The contract violates the Dodd-Frank Act, making it illegal.
Would you like more guidance on how to proceed with your case?
Key points about debt collector bankruptcy fraud: "Automatic Stay": Once a bankruptcy is filed, an "automatic stay" is put in place, meaning all collection efforts by creditors, including debt collectors, must stop. False Claims: A debt collector might commit fraud by claiming a debt is larger than it actually is, or by stating that a debt is not dischargeable when it actually is. *. Bankruptcy Filing: - Plaintiff filed an emergency Chapter * petition on August *, * (Karen Merritt vs. L & S Realty LLC, Case No. *-*) to stop the execution of possession and money judgment by the lower court.
It looks like you have a strong case. Here's a refined version for your motion:
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Motion to Vacate Judgment for Lack of Subject Matter Jurisdiction
I am filing this motion to vacate the judgment in my housing court case against debt collectors, including L & S Realty LLC, Godbout Law Inc, and other attorneys, due to the court's lack of subject matter jurisdiction. These parties committed bankruptcy fraud, causing significant harm to me.
Bankruptcy Fraud by Debt Collectors:
- Misrepresentation and Concealment: Debt collectors knowingly and intentionally misrepresented information and concealed assets during my bankruptcy proceedings.
- Improper Collection Attempts: They attempted to collect debts that should have been discharged under the bankruptcy filing by:
- Lying about the amount owed.
- Claiming ownership of assets that were not theirs.
Servicing Violations:
- Failure to Provide Invoices: Lenders did not provide necessary invoices and compounded interest to an inflated *% rate, stealing over one million dollars in equity.
- False Affidavits: On June *, *, Pensco Trust Company signed an affidavit claiming compliance with G.L.c. * s. 35B and G.l.c. * s. 35C, while Karen Merritt never received any accounting statements or invoices.
Contract Nullification:
A contract can be nullified if:
- Fraud in Execution: Formed under undue influence by Karen Merritt's advisor, Ralph Grieco, who claimed an emergency.
- Illegality: Violated the Dodd-Frank Act, mortgage fraud laws, and U.C.C.
- Fraud: Formed due to fraudulent representations.
- Lack of Consideration: No offer; Karen was tricked into signing.
- Lack of Meeting of the Minds and Misrepresentation: Void due to misrepresentation and lack of mutual understanding. Violates Dodd-Frank Act requirements for HUD counselor qualification. Karen was unqualified as she was unemployed.
- Context of Subprime Lending Crisis: Formed in * during the subprime lending crisis leading to the Great Recession. Karen became a victim of her financial advisor, who now owns her estate, including properties worth $*.* million and a commercial building valued at approximately $* million. The contract violates the Dodd-Frank Act, making it illegal.
Would you like more guidance on how to proceed with your case?
- Godbout Law Inc. filed an emergency motion for relief from stay on August *, *, with a fabricated foreclosure deed and state court judgment copies that it procured by fraud on the court. - On September *, *, the Court issued an order lifting the stay based on fraudulent claims, despite Plaintiff’s notice providing clear and convincing evidence of fraud. - On October *, *, the court granted the trustee's motion to dismiss the Chapter * case without prejudice. Judge Panos advised Plaintiff to return to State court to litigate the claims, despite significant reasons on the merits of the underlying claims. -
Would you like help revising this section for your motion to emphasize the jurisdictional issue and the need to have your case transferred to the District Court of Massachusetts?
yes but it is not considered a transfer- a state court can not transfer to a federal court. right? The case needs to be removed to district court. Do I meet the criteria to have the case removed to district court? I want the motion soley to be the jurisdictional issue as I do not want to be heard by a lower court judge who as demonsatrated bias and prejucice toward me. I want out of a state court as too my constutional rights have been violated seizing my home on a judgement based on fraud. four years of abuse of discretion. What has been happening to me in a state court is irreparablr harm and egregious. Please include this informatuon and answer the above two questions, please.
To remove a case from state court to federal court, it must meet certain criteria under * U.S.C. § *. Here's some information:
- Federal Question: The case must involve a federal question, such as violations of federal laws or constitutional rights.
- Diversity Jurisdiction: Parties must be from different states, and the amount in dispute must exceed $*,*.
Your situation involving constitutional rights violations and federal laws like the Dodd-Frank Act may qualify. Would you like guidance on how to file a motion to remove your case to federal court?
the amount in dispute is roughly *.* million. Pensco Trust company is now called Pacific premier Trust located in Denver. However only District Court can hear Bankruptcy fruad case. Right?
Information:
- Federal Question: Your case involves federal laws (Dodd-Frank Act) and constitutional rights violations, qualifying it for federal jurisdiction.
- Amount in Dispute: The amount exceeds $*,*, meeting the criteria for diversity jurisdiction.
- Bankruptcy Fraud: The District Court has jurisdiction over bankruptcy fraud cases under * U.S.C. § *.
Revised Section:
Motion to Vacate Judgment for Lack of Subject Matter Jurisdiction
I am filing this motion to vacate the judgment in my housing court case against debt collectors, including L & S Realty LLC, Godbout Law Inc, and other attorneys, due to the court's lack of subject matter jurisdiction. These parties committed bankruptcy fraud, causing significant harm to me.
Bankruptcy Fraud by Debt Collectors:
- Misrepresentation and Concealment: Debt collectors knowingly and intentionally misrepresented information and concealed assets during my bankruptcy proceedings.
- Improper Collection Attempts: They attempted to collect debts that should have been discharged under the bankruptcy filing by:
- Lying about the amount owed.
- Claiming ownership of assets that were not theirs.
Servicing Violations:
- Failure to Provide Invoices:Lenders did not provide necessary invoices and compounded interest to an inflated *% rate, stealing over one million dollars in equity.
- False Affidavits: On June *, *, Pensco Trust Company signed an affidavit claiming compliance with G.L.c. * s. 35B and G.L.c. * s. 35C, while Karen Merritt never received any accounting statements or invoices.
Contract Nullification:
A contract can be nullified if:
- Fraud in Execution: Formed under undue influence by Karen Merritt's advisor, Ralph Grieco, who claimed an emergency.
- Illegality: Violated the Dodd-Frank Act, mortgage fraud laws, and U.C.C.
- Fraud: Formed due to fraudulent representations.
- Lack of Consideration: No offer; Karen was tricked into signing.
- Lack of Meeting of the Minds and Misrepresentation: Void due to misrepresentation and lack of mutual understanding. Violates Dodd-Frank Act requirements for HUD counselor qualification. Karen was unqualified as she was unemployed.
- Context of Subprime Lending Crisis: Formed in * during the subprime lending crisis leading to the Great
If i file a motion to vacate the judgement because the plaintiffs in this case have committed bankruptcy fruad and housing court does not have the subject matter jurisction to hear the case. Dont have to dismiss the case?
If you file a motion to vacate the judgment based on lack of subject matter jurisdiction due to bankruptcy fraud, the court may dismiss the case if it finds that it indeed lacks jurisdiction. Here are some key points to include in your motion:
- Lack of Subject Matter Jurisdiction: Housing court lacks jurisdiction over bankruptcy fraud issues.
- Bankruptcy Fraud: Plaintiffs committed bankruptcy fraud by misrepresenting information and concealing assets.
- Violation of Federal Laws: The case involves violations of federal laws (Dodd-Frank Act, etc.).
- Irreparable Harm: You've suffered significant and ongoing harm.
Would you like more detailed guidance on drafting this motion?
first what am I asking? Ideally i want them to remove it to district court as it covers constuitional issues and bankruptcy . So lets seek this. Heres more information to provide you with waht you need to draft the motion. This was an error, as contested matters involving property rights violations and bankruptcy fraud should be transferred to the District Court of Massachusetts under * U.S.C. § *(d) and * U.S.C. § *. - This error led to Karen Merritt's case being returned to the Southeast Housing Court, which lacks jurisdiction to adjudicate this case, resulting in the wrongful seizure of her property by the Housing Court’s order on October *, *.
Sure, here's a refined version of your motion to emphasize the jurisdictional issue and request for removal to the District Court of Massachusetts:
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Motion to Vacate Judgment for Lack of Subject Matter Jurisdiction and Request for Removal to District Court
I. Introduction
I am filing this motion to vacate the judgment in my housing court case against debt collectors, including L & S Realty LLC, Godbout Law Inc, and other attorneys, due to the court's lack of subject matter jurisdiction. These parties committed bankruptcy fraud, causing significant harm to me.
II. Bankruptcy Fraud by Debt Collectors
- Misrepresentation and Concealment: Debt collectors knowingly and intentionally misrepresented information and concealed assets during my bankruptcy proceedings.
- Improper Collection Attempts: They attempted to collect debts that should have been discharged under the bankruptcy filing by:
- Lying about the amount owed.
- Claiming ownership of assets that were not theirs.
III. Servicing Violations
- Failure to Provide Invoices: Lenders did not provide necessary invoices and compounded interest to an inflated *% rate, stealing over one million dollars in equity.
- False Affidavits: On June *, *, Pensco Trust Company signed an affidavit claiming compliance with G.L.c. * s. 35B and G.L.c. * s. 35C, while Karen Merritt never received any accounting statements or invoices.
IV. Contract Nullification
A contract can be nullified if:
- Fraud in Execution: Formed under undue influence by Karen Merritt's advisor, Ralph Grieco, who claimed an emergency.
- Illegality: Violated the Dodd-Frank Act, mortgage fraud laws, and U.C.C.
- Fraud: Formed due to fraudulent representations.
- Lack of Consideration: No offer; Karen was tricked into signing.
- Lack of Meeting of the Minds and Misrepresentation: Void due to misrepresentation and lack of mutual understanding. Violates Dodd-Frank Act requirements for HUD counselor qualification. Karen was unqualified as she was unemployed.
- Context of Subprime Lending Crisis: Formed in * during the subprime lending crisis leading to the Great Recession. Karen became a victim of her financial advisor, who now owns her estate, including properties worth $*.* million and a commercial building valued at approximately $* million. The contract violates the Dodd
*. Second Bankruptcy Fraud: - On July *, *, Private debt buyers, James Tiernan f/b/o custodian Pensco Trust Company and Richard Fagan f/b/o custodian Pensco Trust Company filed two false proofs of claim in bankruptcy, represented by attorney Baker. - On July *, *, Mr. Tieran filed a motion for relief to lift the automatic stay despite being informed that Pensco and the IRAs no longer owned the property, as the Town of Rehoboth owned the property outright in fee absolute. Mr. Tiernan did not have the legal standing to file a proof of claim in the Court.
Sure, here's a refined version of your motion to emphasize the jurisdictional issue and request for removal to the District Court of Massachusetts:
---
Motion to Vacate Judgment for Lack of Subject Matter Jurisdiction and Request for Removal to District Court
I. Introduction
I am filing this motion to vacate the judgment in my housing court case against debt collectors, including L & S Realty LLC, Godbout Law Inc, and other attorneys, due to the court's lack of subject matter jurisdiction. These parties committed bankruptcy fraud, causing significant harm to me.
II. Bankruptcy Fraud by Debt Collectors
- Misrepresentation and Concealment: Debt collectors knowingly and intentionally misrepresented information and concealed assets during my bankruptcy proceedings.
- Improper Collection Attempts: They attempted to collect debts that should have been discharged under the bankruptcy filing by:
- Lying about the amount owed.
- Claiming ownership of assets that were not theirs.
- Second Bankruptcy Fraud:
- On July *, *, James Tiernan and Richard Fagan filed false proofs of claim in bankruptcy, represented by attorney Baker.
- On July *, *, Mr. Tiernan filed a motion forrelief to lift the automatic stay despite being informed that Pensco and the IRAs no longer owned the property, as the Town of Rehoboth owned the property outright. Mr. Tiernan did not have the legal standing to file a proof of claim in the Court.
III. Servicing Violations
- Failure to Provide Invoices: Lenders did not provide necessary invoices and compounded interest to an inflated *% rate, stealing over one million dollars in equity.
- False Affidavits: On June *, *, Pensco Trust Company signed an affidavit claiming compliance with G.L.c. * s. 35B and G.L.c. * s. 35C, while Karen Merritt never received any accounting statements or invoices.
IV. Contract Nullification
A contract can be nullified if:
- Fraud in Execution: Formed under undue influence by Karen Merritt's advisor, Ralph Grieco, who claimed an emergency.
- Illegality: Violated the Dodd-Frank Act, mortgage fraud laws, and U.C.C.
- Fraud: Formed due to fraudulent representations.
- Lack of Consideration: No offer; Karen was tricked
- On August *, *, Merritt filed a motion to dismiss after learning about the tax taking. - On August *, *, the bankruptcy court allowed the Mr. Tiernan's motion for relief from stay, ruling that Mr. Tiernan could proceed to foreclose or accept a deed in lieu of foreclosure. This ruling was based on fraudulent claims, as Mr. Baker and the plaintiffs chose not to dismiss the claim in bankruptcy court despite knowing they lacked standing. This constitutes bankruptcy fraud. - Subsequently, Mr. tiernan used the bankruptcy court's judgment in state court actions, falsely stating that the bankruptcy judgment authorized them to foreclose. This manipulation of the court system heightens the bankruptcy fraud claims to further supports the claims of title theft, securities fraud, and fraud on the court by officers of the court or attorneys.
Here's a refined version of your motion to emphasize the jurisdictional issue and request for removal to the District Court of Massachusetts:
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Motion to Vacate Judgment for Lack of Subject Matter Jurisdiction and Request for Removal to District Court
I. Introduction
I am filing this motion to vacate the judgment in my housing court case against debt collectors, including L & S Realty LLC, Godbout Law Inc, and other attorneys, due to the court's lack of subject matter jurisdiction. These parties committed bankruptcy fraud, causing significant harm to me.
II. Bankruptcy Fraud by Debt Collectors
- Misrepresentation and Concealment: Debt collectors knowingly and intentionally misrepresented information and concealed assets during my bankruptcy proceedings.
- Improper Collection Attempts: They attempted to collect debts that should have been discharged under the bankruptcy filing by:
- Lying about the amount owed.
- Claiming ownership of assets that were not theirs.
III. Servicing Violations
- Failure to Provide Invoices: Lenders did not provide necessary invoices and compounded interest to an inflated *% rate, stealing over one million dollars in equity.
- False Affidavits: On June *, *, Pensco TrustCompany signed an affidavit claiming compliance with G.L.c. * s. 35B and G.L.c. * s. 35C, while Karen Merritt never received any accounting statements or invoices.
IV. Contract Nullification
A contract can be nullified if:
- Fraud in Execution: Formed under undue influence by Karen Merritt's advisor, Ralph Grieco, who claimed an emergency.
- Illegality: Violated the Dodd-Frank Act, mortgage fraud laws, and U.C.C.
- Fraud: Formed due to fraudulent representations.
- Lack of Consideration: No offer; Karen was tricked into signing.
- Lack of Meeting of the Minds and Misrepresentation: Void due to misrepresentation and lack of mutual understanding. Violates Dodd-Frank Act requirements for HUD counselor qualification. Karen was unqualified as she was unemployed.
- Context of Subprime Lending Crisis: Formed in * during the subprime lending crisis leading to the Great Recession. Karen became a victim of her financial advisor, who now owns her estate, including properties worth $*.* million and a commercial building valued at approximately $* million. The contract violates the Dodd-Frank
from "- Context of Subprime Lending Crisis: Formed in * during the subprime lending crisis leading to the Great Recession. Karen became a victim of her financial advisor, who now owns her estate, including properties worth $*.* million and a commercial building valued at approximately $* million. The contract violates the Dodd-Frank" onward
Here's the refined section for your motion:
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Motion to Vacate Judgment for Lack of Subject Matter Jurisdiction and Request for Removal to District Court
I. Introduction
I am filing this motion to vacate the judgment in my housing court case against debt collectors, including L & S Realty LLC, Godbout Law Inc, and other attorneys, due to the court's lack of subject matter jurisdiction. These parties committed bankruptcy fraud, causing significant harm to me.
II. Bankruptcy Fraud by Debt Collectors
- Misrepresentation and Concealment: Debt collectors knowingly and intentionally misrepresented information and concealed assets during my bankruptcy proceedings.
- Improper Collection Attempts: They attempted to collect debts that should have been discharged under the bankruptcy filing by:
- Lying about the amount owed.
- Claiming ownership of assets that were not theirs.
- Second Bankruptcy Fraud:
- On July *, *, James Tiernan and Richard Fagan filed false proofs of claim in bankruptcy, represented by attorney Baker.
- On August *, *, Merritt filed a motion to dismiss after learning about the tax taking.
- On August *, *, the bankruptcy court allowedMr. Tiernan's motion for relief from stay, ruling that Mr. Tiernan could proceed to foreclose or accept a deed in lieu of foreclosure. This ruling was based on fraudulent claims. Subsequently, Mr. Tiernan used the bankruptcy court's judgment in state court actions, falsely stating that the bankruptcy judgment authorized them to foreclose.
III. Servicing Violations
- Failure to Provide Invoices: Lenders did not provide necessary invoices and compounded interest to an inflated *% rate, stealing over one million dollars in equity.
- False Affidavits: On June *, *, Pensco Trust Company signed an affidavit claiming compliance with G.L.c. * s. 35B and G.L.c. * s. 35C, while Karen Merritt never received any accounting statements or invoices.
IV. Contract Nullification
A contract can be nullified if:
- Fraud in Execution: Formed under undue influence by Karen Merritt's advisor, Ralph Grieco, who claimed an emergency.
- Illegality: Violated the Dodd-Frank Act, mortgage fraud laws, and U.C.C.
- Fraud: Formed due to fraudulent representations.
- **Lack
Most recent bankruptcy fraud please revise to establish this bankruptcy fraud and transfer mistake as i should not have been sent back to housing court and the second onw as I want to establish a pattern and the severity of the bankruptcy fraud. *. Bankruptcy Filing: - Plaintiff filed an emergency Chapter * petition on August *, * (Karen Merritt vs. L & S Realty LLC, Case No. *-*) to stop the execution of possession and money judgment by the lower court. - Godbout Law Inc. filed an emergency motion for relief from stay on August *, *, with fraudulent foreclosure deed and state court judgment copies that it procured by fraud on the court.
Case Rating: *.
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Motion to Vacate Judgment for Lack of Subject Matter Jurisdiction and Request for Removal to District Court
I. Introduction
I am filing this motion to vacate the judgment in my housing court case against debt collectors, including L & S Realty LLC, Godbout Law Inc, and other attorneys, due to the court's lack of subject matter jurisdiction. These parties committed bankruptcy fraud, causing significant harm to me.
II. Bankruptcy Fraud by Debt Collectors
- Misrepresentation and Concealment: Debt collectors knowingly and intentionally misrepresented information and concealed assets during my bankruptcy proceedings.
- Improper Collection Attempts: They attempted to collect debts that should have been discharged under the bankruptcy filing by:
- Lying about the amount owed.
- Claiming ownership of assets that were not theirs.
- Second Bankruptcy Fraud:
- On July *, *, James Tiernan and Richard Fagan filed false proofs of claim in bankruptcy, represented by attorney Baker.
- On August *, *, Merritt filed a motion to dismiss after learning about the tax taking.
- On August *, *, the bankruptcy court allowed Mr. Tiernan's motion for relieffrom stay, ruling that Mr. Tiernan could proceed to foreclose or accept a deed in lieu of foreclosure. This ruling was based on fraudulent claims. Subsequently, Mr. Tiernan used the bankruptcy court's judgment in state court actions, falsely stating that the bankruptcy judgment authorized them to foreclose.
III. Servicing Violations
- Failure to Provide Invoices: Lenders did not provide necessary invoices and compounded interest to an inflated *% rate, stealing over one million dollars in equity.
- False Affidavits: On June *, *, Pensco Trust Company signed an affidavit claiming compliance with G.L.c. * s. 35B and G.L.c. * s. 35C, while Karen Merritt never received any accounting statements or invoices.