Illegal Foreclosure Fraud Case

Summary

Massachusetts law prohibits fraudulent foreclosure practices, and Chapter 93A addresses unfair business practices. Attorneys can be liable for fraud. Waiting for a federal court decision on claims against a private lender may strengthen your case. You can request a stay in housing court to prevent the statute of limitations from expiring on claims against an attorney. Filing a motion for a stay is strategic, and timing is crucial.

Full Conversation

They said that I was premature. Fist file the case. Would it be stronger if I waited until ater the federal court decalres my claims against the private lender?
You might have a solid case. However, it could indeed be beneficial to wait for the federal court's decision on your claims against the private lender. A favorable ruling could strengthen your position in the subsequent cases.
Would you like more information on the specific laws that might apply to your situation, or do you have another question?
I just filed a notice of appeal in the housing court with the help of YOU after the records get assemebled can I ask for a stay so that my staute of limtations to seek damages by this attorney's action doesnt get time barred/
Yes, you can request a stay in the housing court to prevent the statute of limitations from expiring on your potential claim against the attorney. This action is commonly referred to as a "stay of proceedings." It would be best to file a motion requesting the stay and clearly articulate the reasons, such as preserving your right to seek damages.
Would you like more information on how to file this motion, or do you have another question?
Should i wait until they have acceptted my Notice/
You don't necessarily need to wait until they have accepted your Notice of Appeal to file a motion for a stay. However, it might be strategic to wait until it's accepted to ensure your process is streamlined. Would you like more information on how to file the motion for a stay?
Tomorrow! thank you!
It sounds like you have a solid case with several moving parts. Timing and procedural steps are crucial here. Given that you plan to act tomorrow, make sure to:
- Clearly state in your motion for a stay the reasons for preserving your right to seek damages.
- Ensure all relevant documents and evidence are ready.
Would you like a brief guide on how to file the motion for a stay?
when should I ask the the appeals court to 'stay" this case instaed of remanding it back to lower court (which does not have both personal subject matter jurisdiction and subject matter jurisdiction in this matter) as a federa court case currently pending substantial leagl issues including illeagl foreclsoure, usury violations and 93A claims and breach of contracts and that waiting for its outcome would most likely impact the resolution of the current appeal. if not resolve the entire depute?
You should request the appeals court to "stay" the case if:
- The outcome of the federal case will significantly impact or resolve the issues in your appeal.
- It will prevent your claims from being time-barred.
- The lower court lacks both personal and subject matter jurisdiction.
File your motion for stay as soon as possible to avoid any procedural complications. Do you need guidance on how to draft and file this motion?
next am I too late to motion to remove the case to federal court? I know generally it must be done by the defendant in the first 30 days of the plaintiff filing the complaint. But given that I just sought to vacate that judgement due to fruad and or that the hpusing court lacks jurisdiction. In addition under rule ? if all of the counterclaims filed by the defendant were not each ajudicated that there was no final judgement. In my case two significant counterclaims that i raised were not ajudicated and instead ignored.
You may still have an opportunity to address the jurisdictional issues and the unadjudicated counterclaims. Here are some points to consider:
- If the housing court lacks jurisdiction, you can challenge this.
- Massachusetts Rule of Civil Procedure *(b) allows for judgments on multiple claims; if not all claims are resolved, it's not final.
Would you like more details on challenging jurisdiction or Rule *(b)?
sould i file a separate motion now asking housing court to vacate the judgement based on lack of jurisdictio or its not necessary as we an cite this fact in my motion to stay?
You can cite the lack of jurisdiction in your motion to stay. However, filing a separate motion to vacate the judgment based on lack of jurisdiction can emphasize this critical issue and potentially strengthen your case. Would you like more information on how to draft either motion?
first am I too late as I filed anotice of appeal roughly * hours ago?
You are not too late. Filing a notice of appeal typically initiates the appeals process, and you can still file motions, such as a motion to stay or a motion to vacate the judgment. Would you like more information on how to proceed with these motions?
Concern' If the judge dismisses that i no longer have significant damages for an illegal foreclsoure in federal court, right? Howver I think I will take the risk because the judge in housing court will deny my motion to vacte the judgment for lack of subject matter jursidction. Question can him denying this morion strengthen my pending appeal? Why?
If the judge in the housing court denies your motion to vacate the judgment for lack of subject matter jurisdiction, it can indeed strengthen your pending appeal. This is because it would provide you a concrete basis to argue that the housing court erred in not addressing the jurisdictional issue, which is a significant procedural matter.
Would you like more information on how to present this argument in your appeal?