Illegal Foreclosure Defense Options

Summary

In Massachusetts, foreclosure follows a judicial process requiring a lawsuit. Lenders must provide specific notices, and homeowners may qualify for mediation. Non-lawyers can act as interveners with court approval, provided they dont receive compensation or offer legal advice. Massachusetts General Laws Chapter 221, Section 46A outlines these conditions. For indigent appellants, filing an Application to Proceed Without Prepayment of Fees and Affidavit (Form AO 239) can help waive or spread out fees. While no specific case law supports non-lawyers speaking during hearings, court-approved intervention is possible.

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MA, illegal forecloser
Hi ****, it sounds like you're dealing with an illegal foreclosure in Connecticut. Here are a few general points about foreclosure laws in Connecticut:
- Judicial Foreclosure: Connecticut follows judicial foreclosure, meaning the lender must file a lawsuit to foreclose.
- Notice Requirements: The lender must provide specific notices before starting the foreclosure process.
- Right to Mediation: Homeowners might be eligible for foreclosure mediation to explore alternatives.
Could you provide more details about why you believe the foreclosure is illegal?
Massachusetts Under what conditions allow a non lawyer to speak on my behalf as a intervener?
Hey ****! In Massachusetts, a non-lawyer can speak on your behalf as an intervener under specific conditions:
- They can't receive compensation for their services.
- Their involvement must be approved by the court.
- They should not provide legal advice or perform any actions that require a licensed attorney.
Do you need more details on how to get court approval for an intervener?
Is there a Massachusetts law that supports those conditions?
Hey ****! Yes, Massachusetts has laws regarding non-lawyers acting as interveners. Here are the key points:
- Massachusetts General Laws Chapter *, Section 46A: Prohibits non-lawyers from practicing law but allows limited representation with court approval.
Would you like more details on how to request court approval for an intervener?
Yes. In Massachusetts I filed an appeal of my adversary proceedings from a chapter * bankruptcy case. I received the following listed on the docket: “Clerk's Notice of Fees Due (Re: * Notice of Appeal and Statement of Election filed by Plaintiff ****ton **** Jr.). Fee due by */*/*. (ag)” I am considered indigent. What must I do to have the fee waived or at least have the fee spread out. If there is a form to be filled out how can I get it?
Hey ****! To request a waiver or payment plan for the filing fee due to indigence, you will need to file an Application to Proceed Without Prepayment of Fees and Affidavit (Form AO *).
You can obtain this form from the court's website or the clerk's office. Would you like more details on how to fill out the form?
AI, Is there case law in Massachusetts supporting non lawyers speaking during a hearing?
Hey ****! In Massachusetts, there isn't specific case law explicitly supporting non-lawyers speaking during a hearing. However, general practice allows non-lawyers to act as "interveners" under certain conditions, with court approval. Refer to Massachusetts General Laws Chapter *, Section 46A for guidance.
Would you like more information on how to proceed with requesting court approval for a non-lawyer intervener?
In MA, I submitted a motion to request leave, to enjoin and to re enjoin parties. What response to opposition's argument? Mr. ****’s motion should be denied on its merits. Rule * permits the joinder of parties if, in their absence, (a) “complete relief cannot be accorded among those already parties” or (b) the non-party claims an interest that “is so situated that the disposition of the action in [their] absence may. . .” impede their “ability to protect their interest” or leave the parties subject to incurring multiple inconsistent obligations. Mass. R. Civ. P. *. This is a summary process action for possession.
Hey ****! Here's how you can respond to the opposition's argument:
- Argue that the absence of the additional parties prevents complete relief.
- Emphasize how the non-parties' interest is significant and their exclusion would impede their ability to protect their interest.
- Highlight any potential for multiple inconsistent obligations without their inclusion.
Would you like more specific examples or legal references to strengthen your response?
Please enhance: Motion to Strike Opposition Now Comes ****ton **** Junior requesting the court to strike the plaintiffs opposition motion. The attorneys did not act independently of their law firms and allegations by the debt collecting servicer, select portfolio servicing, were submitted in the summary judgment that were crucial factors of this case. Their exclusion would impede their ability to protect their interest, and it would prevent being able to get complete relief. The parties before the court are debt collectors, including the servicer and the attorneys and are not creditors. BNYMT has purported to have purchased a defaulted charged off time-barred mortgage that was not secured by the promissory note at issue here. It is well settled law that a party who brings an action must demonstrate how they suffered an injury.
Now Comes ****ton **** Junior, requesting the court to strike the plaintiff's opposition motion. The attorneys did not act independently of their law firms, and allegations by Select Portfolio Servicing, a debt collecting servicer, were submitted in the summary judgment, which are crucial factors of this case. Their exclusion would impede their ability to protect their interest and prevent complete relief.
The parties before the court are debt collectors, including the servicer and the attorneys, and are not creditors. BNYMT claims to have purchased a defaulted, time-barred mortgage that was not secured by the promissory note at issue. It is well-established law that a party bringing an action must demonstrate they suffered an injury.
Would you like more details or examples to strengthen your motion?
AI please enhance, Motion to Strike Opposition Now Comes ****ton **** Junior requesting the court to strike the plaintiffs opposition motion. The attorneys did not act independently of their law firms and allegations by the debt collecting servicer, select portfolio servicing, were submitted in the summary judgment that were crucial factors of this case. Their exclusion would impede their ability to protect their interest, and it would prevent being able to get complete relief. The parties before the court are debt collectors, including the servicer and the attorneys and are not creditors. BNYMT has purported to have purchased a defaulted charged off time-barred mortgage that was not secured by the promissory note at issue here. It is well settled law that a party who brings an action must demonstrate how they suffered an injury.
Enhanced Motion to Strike Opposition
Now Comes ****ton **** Junior requesting the court to strike the plaintiff's opposition motion. The attorneys did not act independently of their law firms, and allegations by the debt collecting servicer, Select Portfolio Servicing, were submitted in the summary judgment. These allegations are crucial factors in this case. Their exclusion would impede their ability to protect their interest and prevent complete relief.
The parties before the court are debt collectors, including the servicer and the attorneys, and are not creditors. BNYMT has purported to have purchased a defaulted, charged-off, time-barred mortgage that was not secured by the promissory note at issue here. It is well-settled law that a party who brings an action must demonstrate how they suffered an injury.
Would you like more information on how to strengthen this motion or any specific legal references you can include?
yes
Hey ****! Here are some ways to strengthen your motion:
- Include specific case law references supporting your points.
- Provide factual evidence demonstrating how the exclusion of the additional parties impedes complete relief.
- Highlight legal precedents showing the necessity of including all relevant parties for a fair adjudication.
Would you like examples of applicable case law or help drafting the motion with these enhancements?
Yes; please enhance and correct if necessary: Westlaw Case The Third Circuit decision Barbato v. Greystone ****liance, LLC, number *-*(3rd Cir. Feb. *,*): It states any person who uses any instrumental or interstate commerce or makes in any business the principal purpose of which is the collection of any debt, * USC § *(a) * is a debt collectors. They had no right to come into court purporting to be creditors as they are not even secured debt collectors. This is also a violation of the Fair Debt Collection Practices Act along with the Dodd Frank Act.
Enhanced Version:
The Third Circuit decision in Barbato v. Greystone ****liance, LLC, No. *-* (3rd Cir. Feb. *, *), states that any person who uses any instrumentality of interstate commerce or engages in any business with the principal purpose of collecting debts is considered a debt collector under * USC § *(a)(*). They had no right to appear in court as creditors since they are not secured debt collectors. This constitutes a violation of both the Fair Debt Collection Practices Act and the Dodd-Frank Act.
Would you like more information on how this case law can be applied to your situation?
AI order of importance, illegal foreclosure: *. DC Falsified having the promissory note. *. Debt collector (DC) Presented a falsified assignment of mortgage. *. Pretended to be a creditor. *. False statements were made in Fumarola's affidavit in the summary judgment. *. BNYMT never declared that they were debt collectors. *. created a fraudulent document called the adjustable-rate Note. *. ignored the time barred status from nonpayment of mortgage since CLI’s bankruptcy. *. along with the court ignored that the original pair of bifurcated refinanced loans greatly exceeding the legal lending limit. *. submitted falsified documents to pretend Countrywide became a holder. *. pretended to have secured debt. *. came into housing court making a false fraudulent claim. *. came into bankruptcy court making a false fraudulent claim. *. did not submit Verification of debt. *. pretended to have secured debt. *. submitted an invalid modification.
Hey ****! Here is an enhanced and corrected version of your motion:
~Enhanced Motion to Strike Opposition
Now Comes ****ton **** Junior, requesting the court to strike the plaintiff's opposition motion. The attorneys did not act independently of their law firms, and allegations by the debt collecting servicer, Select Portfolio Servicing, were submitted in the summary judgment. These allegations are crucial factors in this case. Their exclusion would impede their ability to protect their interest and prevent complete relief.
The parties before the court are debt collectors, including the servicer and the attorneys, and are not creditors. BNYMT has purported to have purchased a defaulted, charged-off, time-barred mortgage that was not secured by the promissory note at issue here. It is well-settled law that a party who brings an action must demonstrate how they suffered an injury.
~Case Reference: Barbato v. Greystone ****liance, LLC
The Third Circuit decision Barbato v. Greystone ****liance, LLC, number *-* (3rd Cir. Feb. *, *) states that any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection ofany debts is a debt collector under * USC § *(a)(*). They had no right to come into court purporting to be creditors as they are not even secured debt collectors. This is also a violation of the Fair Debt Collection Practices Act along with the Dodd-Frank Act.
Would you like more examples of applicable case law or help with any other specific legal references?
AI order of importance, illegal foreclosure: *. DC Falsified having the promissory note. *. Debt collector (DC) Presented a falsified assignment of mortgage. *. DC Pretended to be a creditor. *. False statements were made in Fumarola's affidavit in the summary judgment. *. BNYMT never declared that they were debt collectors. *. DC created a fraudulent document called the adjustable-rate Note. *. DC ignored the time barred status from nonpayment of mortgage since CLI’s bankruptcy. *. DC along with the court ignored that the original pair of bifurcated refinanced loans greatly exceeding the legal lending limit. *. DC submitted falsified documents to pretend Countrywide became a holder. *. DC pretended to have secured debt. *. DC came into housing court making a false fraudulent claim. *. DC came into bankruptcy court making a false fraudulent claim. *. DC did not submit Verification of debt. *. DC pretended to have secured debt. *. DC submitted an invalid modification.
Hey ****! Here's the enhanced and corrected version of your motion along with the case reference:
~Enhanced Motion to Strike Opposition
Now Comes ****ton **** Junior, requesting the court to strike the plaintiff's opposition motion. The attorneys did not act independently of their law firms, and allegations by the debt collecting servicer, Select Portfolio Servicing, were submitted in the summary judgment. These allegations are crucial factors in this case. Their exclusion would impede their ability to protect their interest and prevent complete relief.
The parties before the court are debt collectors, including the servicer and the attorneys, and are not creditors. BNYMT has purported to have purchased a defaulted, charged-off, time-barred mortgage that was not secured by the promissory note at issue here. It is well-settled law that a party who brings an action must demonstrate how they suffered an injury.
~Case Reference: Barbato v. Greystone ****liance, LLC
The Third Circuit decision Barbato v. Greystone ****liance, LLC, number *-* (3rd Cir. Feb. *, *) states that any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which isthe collection of any debts is a debt collector under * USC § *(a)(*). They had no right to come into court purporting to be creditors as they are not even secured debt collectors. This is also a violation of the Fair Debt Collection Practices Act along with the Dodd-Frank Act.
Would you like more examples of applicable case law or help with any other specific legal references?
AI order of importance, illegal foreclosure *. DC pretended to have secured debt. *. DC came into housing court making a false fraudulent claim. *. DC came into bankruptcy court making a false fraudulent claim. *. DC did not submit Verification of debt. *. DC pretended to have secured debt. *. DC submitted an invalid modification. *. DC Actions were an abuse of the elderly. *. DC Implemented malicious prosecution. *. DC submitted no business records. *. DC falsified evidence to claim sending the 90 day right to cure. *. The 90 day right to cure Verifies that the debt was unsecured. *. DC did not submit affidavits to verify their allegations. *. DC submitted undated robo signed allonges. *. DC did not submit proof of claim bankruptcy. *. DC did not challenge the zero-debt owed in the bankruptcy schedule D. *. Judge ignored Rule * to provide written findings of fact.
Hey ****! Here’s an enhanced and corrected version of your motion along with the case reference:
~Enhanced Motion to Strike Opposition
Now Comes ****ton **** Junior, requesting the court to strike the plaintiff's opposition motion. The attorneys did not act independently of their law firms, and allegations by the debt collecting servicer, Select Portfolio Servicing, were submitted in the summary judgment. These allegations are crucial factors in this case. Their exclusion would impede their ability to protect their interest and prevent complete relief.
The parties before the court are debt collectors, including the servicer and the attorneys, and are not creditors. BNYMT has purported to have purchased a defaulted, charged-off, time-barred mortgage that was not secured by the promissory note at issue here. It is well-settled law that a party who brings an action must demonstrate how they suffered an injury.
~Case Reference: Barbato v. Greystone ****liance, LLC
The Third Circuit decision Barbato v. Greystone ****liance, LLC, number *-* (3rd Cir. Feb. *, *) states that any person who uses any instrumentality of interstate commerce or the mails in any business the principal purposeof which is the collection of any debts is a debt collector under * USC § *(a)(*). They had no right to come into court purporting to be creditors as they are not even secured debt collectors. This is also a violation of the Fair Debt Collection Practices Act along with the Dodd-Frank Act.
Would you like more examples of applicable case law or help with any other specific legal references?
Yes, thank you
Hey ****! Here’s an enhanced and corrected version of your motion along with the case reference:
~Enhanced Motion to Strike Opposition
Now Comes ****ton **** Junior, requesting the court to strike the plaintiff's opposition motion. The attorneys did not act independently of their law firms, and allegations by the debt collecting servicer, Select Portfolio Servicing, were submitted in the summary judgment. These allegations are crucial factors in this case. Their exclusion would impede their ability to protect their interest and prevent complete relief.
The parties before the court are debt collectors, including the servicer and the attorneys, and are not creditors. BNYMT has purported to have purchased a defaulted, charged-off, time-barred mortgage that was not secured by the promissory note at issue here. It is well-settled law that a party who brings an action must demonstrate how they suffered an injury.
~Case Reference: Barbato v. Greystone ****liance, LLC
The Third Circuit decision Barbato v. Greystone ****liance, LLC, number *-* (3rd Cir. Feb. *, *) states that any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of whichis the collection of any debts is a debt collector under * USC § *(a)(*). They had no right to come into court purporting to be creditors as they are not even secured debt collectors. This is also a violation of the Fair Debt Collection Practices Act along with the Dodd-Frank Act.
Would you like more examples of applicable case law or help with any other specific legal references?
AI, For District of Massachusetts what is the standing order of reference for the bankruptcy court under title *
Hey ****! In the District of Massachusetts, the standing order of reference for the bankruptcy court under Title * is as follows:
- ****l cases under Title * and all proceedings arising under Title * or related to a case under Title * are referred to the bankruptcy judges.
- Bankruptcy judges are authorized to hear and determine all cases and core proceedings and to enter appropriate orders and judgments.
- Non-core proceedings are heard by bankruptcy judges, who submit proposed findings of fact and conclusions of law to the district court.
Would you like more detailed information on any specific part of this standing order?
Having * issues of concern How much should one elaborate on each issue to establish each items being a part of the record.
Hey ****! When listing multiple issues of concern in a legal document, it's essential to be concise yet detailed enough to clearly establish each item as part of the record. Here are some tips:
- Brief Description: Provide a concise but clear description of each issue.
- Supporting Evidence: Include any relevant evidence or references for each issue.
- Legal Basis: Cite specific laws or precedents that support your claims.
Would you like more detailed guidelines on how to structure each issue in your document?