Preliminary Injunction Filing Guide

Summary

To vacate a judgment in Massachusetts Land Court, file a motion citing Rule 60(b) for fraud. Include evidence of discrepancies and fraudulent activities. You can also argue for a preliminary injunction in the same filing, highlighting the urgency and need for immediate relief. Structure your filing with a clear introduction, background, and separate sections for the motion to vacate and the preliminary injunction, each with supporting evidence and legal basis. Consider consulting a legal professional for personalized guidance.

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A bit of history. In * the alleged servicer of my mortgage loan, on behalf of the alleged mortgage loan owner, who has not originate my mortgage, filed a quiet title action against me in the Mass Land court seeking a missing mortgage assignment. My attorney at the time advised me to settle the case arguing that as the owner of the promissory note the servicer's client is entitled to the mortgage assignment. I initially agreed to that but later refused to sign the settlement. The court ended up enforcing the settlement. There is an existing judgment that servicer's client own the mortgage. However, I now have evidence that suggests that the servicer's filings at the onset of the action were fraudulent. For example they sent me copies of two different versions of the promissory note. The servicer also provided a similarly sounding but distinctly different name for the alleged owner of the promissory note from who is listed in the quiet title lawsuit.
It sounds like you have substantial evidence suggesting potential fraud in the servicer's filings. Given the seriousness of your claims, it might be beneficial to consult with a legal professional who specializes in mortgage fraud or real estate law in Massachusetts.
Have you already gathered all your evidence and documents related to this case to present to a lawyer?
I have the documents and need to organize them for presentation to the court and potential attorneys
It sounds like you have a strong case, especially with evidence suggesting potential fraud.
To organize your documents for presentation:
- Chronological Order: Arrange documents by date.
- Categorize: Group by type (e.g., promissory notes, correspondence, court filings).
- Highlight Key Points: Mark evidence of discrepancies or fraud.
Would you like tips on how to outline your case for clarity?
yes
To outline your case for clarity:
- Introduction: Briefly summarize the background of your case.
- Key Points: List the main evidence of discrepancies or fraud.
- Timeline: Provide a chronological timeline of events with corresponding evidence.
- Conclusion: State the relief you seek (e.g., preliminary injunction).
Would you like more detailed guidance on any specific section?
the objective of my filing in the land court would be to vacate the judgment
To vacate the judgment in the Massachusetts Land Court, you need to file a motion to vacate. Here are some important points to consider:
- Motion to Vacate: Clearly state the request to vacate the judgment.
- Grounds for Vacating: Argue the judgment was obtained by fraud, based on the evidence you have.
- Evidence: Include all documents showing discrepancies and fraudulent activity.
- Legal Basis: Reference Massachusetts rules and case law supporting your motion.
Would you like guidance on any specific part of the motion?
yes
To draft a strong motion to vacate, consider focusing on the following sections:
- Motion to Vacate: Start with a clear statement requesting the court to vacate the judgment.
- Grounds for Vacating: Detail the fraudulent activities and discrepancies that occurred, explaining how they impacted the judgment.
- Evidence: Attach and reference all your key documents, highlighting the fraudulent discrepancies.
- Legal Basis: Cite relevant Massachusetts rules (e.g., Mass. R. Civ. P. *(b)) and previous case law that support vacating a judgment due to fraud.
Are you familiar with Rule *(b) in Massachusetts, or do you need more information on it?
need ore information
Sure! Here's some information on Massachusetts Rule of Civil Procedure *(b):
- Purpose: Allows a party to request relief from a final judgment, order, or proceeding.
- Grounds:
- Mistake, inadvertence, surprise, or excusable neglect.
- Newly discovered evidence.
- Fraud, misrepresentation, or misconduct by an opposing party.
- Judgment is void.
- Judgment has been satisfied, released, or discharged.
- Any other reason justifying relief.
Would you like to know more about how to apply this rule in your motion?
yes
To apply Massachusetts Rule of Civil Procedure *(b) in your motion to vacate, consider the following steps:
- Introduction: Clearly state that you seek to vacate the judgment under Rule *(b).
- Grounds for Relief: Specify fraud/misrepresentation as your reason.
- Evidence: Attach all documents showing discrepancies and fraudulent activity.
- Legal Basis: Cite Rule *(b) and relevant case law supporting your argument.
Would you like help drafting any specific section of your motion?
should i include the argument for the preliminary injunction in the same filing
Yes, you can include the argument for the preliminary injunction in the same filing. This could strengthen your case by showing the urgency and the need for immediate relief. Ensure your motion clearly separates the arguments for vacating the judgment and for the preliminary injunction.
Would you like tips on how to structure your filing to include both arguments?
yes
To structure your filing to include both arguments, consider the following layout:
- Introduction: Briefly state your objective to vacate the judgment and seek a preliminary injunction.
- Background: Provide a concise history of your case.
- Motion to Vacate:
- Request: State the specific request to vacate the judgment.
- Grounds: Detail the fraudulent activities and discrepancies.
- Evidence: Attach key documents.
- Legal Basis: Cite Rule *(b) and relevant case law.
- Preliminary Injunction:
- Request: State the need for an injunction.
- Urgency: Explain the immediate harm and need for relief.
- Evidence: Reference supporting documents.
- Legal Basis: Cite relevant law for preliminary injunctions.
- Conclusion: Summarize your requests and the relief sought.
Would you like guidance on any specific section or more details on preliminary injunctions?